Divorce Statements Before Marriage
Fatwa No: 421138

Question

Assalam o elaikum,
1: I am engaged( no nikah ) to my cousin since the last 6 months. I remember few year back when my friend was trying to convince me to marry this girl i told him something like consider this girl is haram for me so he will stop convincing( i dont remember exact wordings ). Will it effect my future nikah with this girl? 2: Once during general discussion with my mother I told her Dont worry for my income if my wife after our marriage will be happy with me its good if not she can go to her parents or do whatever she likes ( i didnt intended any talaq it was a general discussion with my mother about after marriage). Will this effect my future nikah with this girl?

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.

These statements do not affect the validity of the marriage as they do not include the explicit words of divorce.

Even if we assume that they do, then divorce does not apply except to a wife, and you have not yet married this girl so she is still marriageable to you. Moreover, divorce cannot take place before marriage. ‘Amr ibn Shu’ayb  may  Allaah  be  pleased  with  him narrated from his father from his grandfather that the Prophet,  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “There is no divorce except for what you possess (i.e. your wife).” [At-Tirmithi who classified it as Hasan (sound)]

For more benefit on divorce pronounced before marriage that it does not take effect, please refer to Fataawa 277183 and 92710.

Allah knows best.

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