Doubts the Occurrence of Divorce
Fatwa No: 381353

Question

Assalmualikum My question is I am married almost 9years and we had fights a lot so he made a condition but the thing is I don’t remember the condition and my husband is don’t remember aswell I only remember that (he said if u wil do that u wil b divorce or if u did so you wil b divorce) but I don’t know what was that condition and when did I do thatAnd secondly after 2months of first thing there was a fight then he said to me in front of my husband’s sister that (as you are the witness am going to divorce her or I divorce her) But when I asked him now he said he don’t remember that and he said I only threate you 1 or 2times I am very upset guide me plz

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

One of the established rules of jurisprudence is that certainty cannot be overruled by doubt. In your case, the continuity of the marital bond is certain, and thus if the matter upon which divorce is conditioned is unknown, then you are still in bond of marriage with your husband. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “… A confirmed marriage does not end with divorce that is doubtful.” [End of quote]

The saying of your husband (about you): “I am going to divorce her”, is a promise of divorce and divorce does not take place with it. Shaykh Ibn Taymiyyah  may  Allaah  have  mercy  upon  him said: "The promise of divorce does not occur even if the words to express it are so many. It is neither an obligation nor recommended to fulfill this promise." [End of quote]

Similarly, his saying: “I divorce her”, is also not an explicit word of divorce, so it depends on the intention of the husband. If the husband does not know that he uttered it, then it is with greater reason that he does not know his intention, if we presume that he ever had uttered such words.

To conclude, the bond of marriage is still ongoing between both of you, so deal with the other kindly and maintain a good marital relation. Allah Says (what means): {And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.} [Quran 2:228]

Each one of you should be keen on fulfilling the rights of the other, and your husband should be careful not to take the issue of uttering the words of divorce lightly, as he may regret this afterwards.

Allah knows best.

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