Friday, July 12, 2024
No menu items!

Divorce from man who merely said kalimah to get married

Fatwaa ID: 1771

السلام عليكم ورحمة الله وبركاته

If a shikh man said the kalimah (they say he said it to get the nikah done but never showed that he actually followed up) before the nikah ceremony and the girl leaves a few months later does she need a divorce/talaaq from the husband?

جزاكم الله خيرا

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala guide the man in reference and keep him steadfast upon the Deen.

If a person professes his faith and recites the kalimah, we will regard him to be a Muslim. We are not responsible for his intentions and motives. That is between him and Allaah Ta’aala. A person’s lack of practicing does not indicate nor constitute kufr.

In the enquired situation, it is not permissible for the girl to just “leave”. She is married to him and that would constitute defiance. The couple should try to communicate and make the marriage work. If that fails, then she will need a valid talaaq from the husband to end the marriage. After the valid talaaq, she must observe ‘iddah as well.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

03/07/1445 AH – 09/23/2023 CE | AMG3-4150

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.