Category: Divorce (Talaaq)
Fatwa#: 40848
Asked Country: France

Answered Date: Aug 06,2018

Title: Will the words “I want a divorce” constitute a divorce?

Question

Asslamu Alaikum,

Few months ago I was angry at my wife, and I was alone in my car with my son (toddler), i said loudly, i want divorce (one time), of cource i didn't want to, but i said in moment of anger. after that everthing went to normal. does this mean talaq has happened ? if yes, what should be the next step as this happend probably 4 or 5 months ago. 

Answer

In the Name of Allah, the Most Gracious, The Most Merciful.

As-salaamu `alaykum wa-ramatullahi wa-barakatuh.

Your statement, I want divorce is an expression of a wish. You did not issue her a divorce. The statement does not constitute a divorce. We advise you to avoid threatening your wife with divorce. Your nafs and shaitaan could dominate the situation and you would regret your action.[1]

And Allah Ta`ala Knows Best.

Hussein Muhammad.

Student Darul Iftaa

Arusha, Tanzania

Checked and Approved by:

Mufti Ebrahim Desai.



[1]

البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (8/ 549)

فإن نوى بهذه الألفاظ الطلاق وقع فإن لم ينو لا يقع؛ لأنه من الكنايات

 

مختصر القدوري (ص: 155)

 ولا يقع بها الطلاق إلا بينة أو دلاله حال

 

مختصر القدوري (ص: 156)

والشتيمة ولم يقع بما يقصد به السب والشتيمه إلا أن ينويه

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