Fatwa: # 19122
Category: Divorce
Country: United Kingdom
Date: 30th December 2010

Title

Does having an intention of divorce without saying any words affect the nikah?

Question

Question regarding actual divorce statement and metaphors:

1) If a person is writing a metaphor with no intention, and after he has written half of the metaphor he stops writing, and soon after he stops writing the intention then comes in the mind and then after a few seconds he has no intention left (no intention left before writing) and continues writing the metaphor. Does this scenario affect the nikah?

2) If a person picks up his wife's clothes and hands them over to the wife with the intention in the mind “get out of my house and go to your mum.”  He doesn't say anything when doing this. Does this affect the nikah? The person doesn't say any words and the wife has no idea of the intention of the husband.

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


1.) We are unsure whether by “metaphor” you are referring to ambiguous words of divorce you might have used to describe your wife or whether its related to something else. Please clarify. If such thoughts occur frequently, they might be the result of waswasah (satanic whisperings) or it could be a psychological issue.

If it is a psychological issue, it would be best to consult an expert. This issue is faced by many people and is treatable. If left untreated, it can become chronic and lead to further problems. Regardless of the fact, you should ignore thoughts of divorce when they occur, and instead divert your mind to a useful activity that will keep you busy and engaged.


2.) Having thoughts or intentions in the mind about divorce, but not saying or vocalizing those thoughts, does not result in a divorce and neither does it affect the nikah.[i] [ii]

 

And Allāh knows best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Muftī Ebrahim Desai (South Africa)

 

فتاوى محمودية، كتاب الطلاق: ٨/ ١٠٩-١١٠ كتب خان مظهري [i]

 آب كي مسائل أور أن كا حل، ٥/ ٣٨٣، مكتبة لدهيانوي [ii]

 

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DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
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