Husband Does Not Remember Writing Divorce
Fatwa No: 427051

Question

As- salaamu 'alaykum! I really need help. Please reply me! I'm describing all that happened to me.It's happened about 1 years ago, One day I had a big fight and argument with my husband through Facebook massenger. He became so furious, used a lots off bad words that I can't even tell you and at one point of argument he texted me divorce. But when, I asked him about it, he denied. After When I show him the messages, He became quite, because no one uses his mobile except him. He try to remember that he texted me that, but he can't remember anything.He says he doesn't think he wrote this. He doesn't remember when he wrote this to me. He is saying that he don't remember anything. He can't remember that he texted me divorce. Is it valid?

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 it is not proven that your husband wrote the word divorce, then the basic principle is that he did not write it.

Therefore, the basic principle is that the marital bond continues until it is proven that it does no longer exist. The writing of divorce is one of its metaphors, so it depends on the intention of the husband. If we assume that he remembered writing divorce, then divorce does not take place unless he wrote it while intending to issue divorce. However, he does not remember that he wrote it, let alone that he intended it.

Finally, we would like to draw your attention to the two following matters:

Firstly, you should avoid problems in marital life, and that respect and understanding should prevail between spouses.

Secondly, avoiding anger, because it is the root of many evils, and that is why the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) sternly warned us against it.

For more benefit on divorce given in anger, please refer to Fataawa 220696, 243088322960, 388225, and 395773.

Allah Knows best.

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