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Did divorce happen

Last updated: 18th October 2006
Question ID: #2829
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Assalam-U-Alaikum,

I have had an intense verbal argument with my wife over phone and at one stage during the conversation, upon her uttering a provocative statement, I was about to utter the divorce words but didnt as I was in the state of anger. Later during the same conversation, things cooled down and I was calmed down too. After that conversation ended, I was just sitting by myself and for some reason (probably just to see how the words feel coming out of one's mouth), but certainly with no intention whatsoever to actually divorce my wife (or knowing uttering the words in this manner would mean anything), I uttered in a very low voice "my wife's name and that I divorce you" (to myself, with no one arround me). I believe I did it either once or twice. Its just that this happened about two weeks ago and I can hardly remember how many times I uttered this. I am inclined to think that I utterred it twice but there may be a chance that it may be just once and a very very very low probability that I uttered it thrice (I dont think/believe I did it thrice). But I had no intention whatsover of actually divorcing her and I did it all by myself with no one present arround and it was in a very low voice (a person standing may be a few feet away from me could not have heard it).
The questions is, do we stand divorced in this situation?
It may be noted that while we had Nikah but we havent done rukhsati yet, and my wife is not living with me.

May god bless you for the guidance you render.



Bismillah



Al-jawab billahi at-taufeeq (the answer with Allah's guidance)





1) Yes, the Divorce will take effect. This is regardless of whether the divorce was issued with or without intention, in anger or happiness, or whether the wife is told or not.



The Shar'ee ruling of divorce pronounced in anger: http://www.muftisays.com/muftifarooq.php?viewpage=divorceinanger



If you have uttered divorce twice and you are certain of this, then two Talaq will take effect. Because, according to Usulul Fiqh (fundamental principles of Islamic jurisprudence) it is stated that;



"Al Yaqeen La Yazulu Illa Bil Yaqeen" (Certainty is only invalidated by another Certainty)



If, however you are in doubt then two Talaq will not take effect.



"Al Yaqeen La Yazulu Bish Shak" (Certainty is not invalidated by doubt)



(Al Ashbah Wan Nazair Pg. 60)



Please view this: http://www.muftisays.com/qa/question/3851/is-this-divorce-valid-or-not.html





2) If after Nikah Khalwah Sahihah (both spouses are in such seclusion, that they have the opportunity to have intercourse) has taken place, then the wife will have to sit in Iddat (waiting period), otherwise there will be no Iddat and one can remarry.



Allah Ta'ala says:



"And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what All‚h has created in their wombs, if they believe in All‚h and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable, but men have a degree (of responsibility) over them. And All‚h is All-Mighty, All-Wise." (2:228)



"Believers, if you marry believing women and divorce them before the marriage is consummated, you have no period to count against them. Provide for them and release them kindly." (33:49)





And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
29th June 2011
Answered by:
Ulamaa ID 04
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