Unclear Words of Divorce
Fatwa No: 82248

  • Fatwa Date:21-8-2000 - Jumaadaa Al-Oula 21, 1421
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Question

If the husband says things about divorce while he is angry, does it count as a divorce? For example, the wife is pregnant and while they were arguing he said several things, such as: he will leave her when she has the child, and also said that when she has the child he will take it and leave, and also told her that once she has the child she can go find another husband. Does any of this count as divorce? If possible, please give reference to Qur'an and/or Sunnah. Jazak Allah Khair.

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.

All these words uttered by the husband are not clear words of divorce, but they are metaphors of divorce and they do not lead to divorce unless the husband had intended it. Therefore, this depends on the intention of the husband by saying those words; if he had intended to divorce his wife after those conditions happen, then divorce is effective. However, if he did not intend divorce but only intended to threaten his wife, then it would not be considered a divorce.

Allah knows best.

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