Husband Conditioned Divorce On Wife Touching Him
Fatwa No: 420889

Question

A couple where having a heated argument and the husband pointed a finger towards his wife telling her in Hausa language saying “Idan kin taba hannuna akan auren ki” meaning if you touch my hand it is on your marriage. After telling those words she went ahead and touched his hand.
Now the Question is, does this action means that the wife is divorced and also the wife was in her menses (period) during the argument. Thank you

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.

If the husband did not intend to divorce his wife by the mentioned phrase, then divorce did not take place by her touching his finger.

However, if he intended to divorce her, then divorce had taken place by her touching his finger. The fact that she was in menses does not prevent divorce from taking place according to the view we adopt here in Islamweb.

For more benefit on metaphors of divorce that lead to divorce, please refer to Fataawa 332467, 347083, and 327250.

Allah Knows best.

Related Fatwa