Fatwa: # 42090
Category: Divorce (Talaaq)
Country:
Date: 30th March 2019

Title

I decided to divorce you if you enrol for a masters program

Question

As salamu alaikum. In the past, I was unwilling to continue my wife's education. So, I texted her "I decided to divorce you if you enroll for a Masters program". She was upset with my text but intended to enroll for the program anyway. I was shocked seeing her strong intention and so, later I changed my decison. After few years, I came to know that she already enrolled into that program before I had texted her. Anyway, I did not proceed to divorce her and have been living happily with her until now. My question: Does my aforementioned text caused the divorce at that time? If yes, do we need to renew our marriage again?

Answer

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

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

The statement in reference does not constitute a divorce.[1]

And Allah Ta’āla Knows Best

Aboobakr Siddeeq bin Mufti Amjad Mohammad

Student Darul Iftaa

Azaadville, Johannesburg, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

__________


[1] المحيط البرهاني في الفقه النعماني (3/ 472)

 وبالعربية قوله: أطلق، لا يكون طلاقاً في أنه دائر بين الحال والاستقبال فلم يكن تحقيقاً

الفتاوى الهندية - ط. دار الفكر (1/ 384)

لو قال بالعربية أطلق لا يكون طلاقا إلا إذا غلب استعماله للحال فيكون طلاقا

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