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Divorce from man who merely said kalimah to get married

Fatwaa ID: 1771

Question:
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

Answer:
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
https://askthemufti.us/

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

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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