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Reg Question # 4192

Last updated: 4th December 2012
Question ID: #4193
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Assalamoalaikum, my last question ID is 4192 and asking the same question but Just wanted to add few more things to explain the situation better. 1.The husband i referred in last question(4192) is my husband and he said to me in fight and anger that 'If you want me I will sign the divorce papers' and then I stopped him to say anything further then he said with anger ' Na its finished' about 2 times. Later I asked his intention he said he meant to say that he wont accept my apology after that fight means he did not want to talk to me that night. He said he did not have any intention of divorce. My husband said that he never knew that divorce can be given verbally. He thought it can be only given by mutual consent and signing the divorce papers. He only came to know about it when I told him after that fight mentioned above. 2. Ater that fight I was going through lots of reasearching regarding divorce telling about direct and indirect words so i was getting stressed out that he has said things to me in past in anger like get out, find another husband etc but me and my husband never knew and notice cause we did not know that these kinds of statements/words can constitute divorce. But i don't remember exactly what else he had said . But if the intention is required my husband said he never knew that verbally divorce can be given. Therefore, whatever he said he never had any intention of divorce or ending marriage. 3.What i remember from the past he never said direct words of divorce except the one "if you want me i will go to the court and sign divorce papers." ( mentioned above). I asked him whether he can put his hand on Quran pak saying he had no intention of divorce. He said yes he can put his hand on Quran pak. He is very sure that he never had any intentions by whatever he has or may have said to me even in the past because he never knew divorce can be done verbally. Is our marriage valid? Sorry for repeating my question but actually I thought I did not add all the information. JazakAllah Khair

Bismillahir Rahmaanir Raheem

Al Jawaab Billahit-Tawfeeq

Respected sister

Yes, your marriage is still valid.

Divorce (talaq) will not occur because he never had intention(niyyat).

áالكنايات لا يقع بها الطلاق إلا بالنية أو بدلالة حالá

(الفتاوي الهندية ، كتاب الطلاق،

áباب إيقاع الطلاق، الجزء الأول، الصفحة ٤١٠، دار الكتب العلمية)

اذهبي وتزوجي لا يقع إلا بالنية وإن نوى فهي واحدة بائنة، وإن نوى الثلاث فثلاث

(الدر المختار مع حاشية ابن عابدين، كتاب الطلاق، باب الكنايات،

الصفحة ٥٥١، áالجزء الرابع

دار العالم الكتب رياض)

And Allah knows bestá

(Moulana) Khalil Ibn Ilyas Laher


Answer last updated on:
13th January 2013
Answered by:
Ulamaa ID 12
Location: United Kingdom