Fatwa: # 44416
Category: Jurisprudence and Rulings...
Country:
Date: 19th April 2020

Title

‘I will divorce you if you don’t get out of my sight’

Question

Salaam. I am 5 months pregnant and last night me and my husband had an argument. He was very angry and used the following words ‘I will divorce you if you don’t get out of my sight’ I didn’t leave and carried on trying to get him to calm down. 24 hours has passed and we’re on talking terms and he hasn’t mentioned the divorce again. I am worried that because I didn’t leave his sight then it means the divorce has occurred. Could you give me some clarity on this please. Jazakallah

Answer

Wa'alaykum as Salam wa rahmatullahi wa barakatuhu,

 

It is essential for a person to be mindful of what he utters, irrespective of the emotions that he is experiencing. In the moment of anger a person should not mention such words that could cause him to regret later. Rather, he should maintain his cool and be wary of what he says.

 

In the enquired situation, since the husband used the future tense by saying 'will divorce', the divorce does not take place. His statement is merely an intent and threat to divorce if you do not move away from him. Even though you did not 'get out of his sight', he did not carry out that threat. Your marriage is intact, and you do not have to worry.

 

We pray that Allah bless you with healthy and pious offspring. 

 

And Allah knows best.

Checked and approved by,

Mufti Ebrahim Desai

 

(قوله وما بمعناها من الصريح) أي مثل ما سيذكره من نحو: كوني طالقا واطلقي ويا مطلقة بالتشديد، وكذا المضارع إذا غلب في الحال مثل أطلقك كما في البحر. قلت: ومنه في عرف زماننا: تكوني طالقا، ومنه: خذي طلاقك فقالت أخذت، فقد صرح الوقوع به بلا اشتراط نية كما في الفتح، وكذا لا يشترط قولها أخذت كما في البحر (رد المحتار- 9/157) 

 

 

صیغہ مستقبل سے طلاق نہیں ہوتی

(احسن الفتاوی -5/ 148)

 

 

 

 

 

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