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Divorce query

Fatwaa ID: 1833

Question:
Assalamu alaikum,

My question is regarding divorce.

There is 2 occassions where I am in doubt if it counts as divorce or not.

The first time we were having an argue and in anger he replied yes I’m a kaafir.

After that he did taubah, ghusl and said his shahada.

He said he said it in anger for me to feel bad but did not mean it.

Did this count as a divorce?

Second occasion is via message on WhatsApp where he said: the only thing I want from you is talaq. Let that sink in. Talaq that’s it. You can shout at someone else. Afterwards he says he did not have the intention. But does that count as a divorce.

There is also days where he threats me with divorce.

I would need some clarification on this matter.

JazakAllah for your time.

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

  1. Imaan and Islam are great bounties of Allaah Ta’aala. They are not something to play or joke with. They are not something to use to make one “feel bad”. If a person voluntarily utters words of kufr, then he will be regarded to be a kaafir even if he did not intend it. Accordingly, in the enquired situation, count this as a divorce. As such, the nikaah should be renewed. In the future, your husband should be extremely careful with his words.
  2. The statement in question via WhatsApp did not constitute a divorce. The husband expressed his want but did not issue a talaaq.
  3. A threat to issue divorce does not constitute divorce. However, if express words of divorce are uttered but with the intention of threat, then that would take place. We strongly advise against using divorce as a threat. Such words are delicate and often lead to regret afterwards. A couple still have their arguments and disagreements. However, they should be handled amicably with wisdom and love.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

03/23/1445 AH – 10/10/2023 CE | 645

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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لسان الحكام (1/415)
ﺭﺟﻞ ﻛﻔﺮ ﺑﺎﻟﻠﺴﺎﻥ ﻃﺎﺋﻌﺎ ﻭﻗﺒﻠﻪ ﻣﻄﻤﺌﻦ ﺑﺎﻻﻳﻤﺎﻥ ﻳﻜﻮﻥ ﻛﺎﻓﺮا ﻋﻨﺪﻧﺎ ﻭﻳﻜﻮﻥ ﻋﻨﺪ اﻟﻠﻪ ﻣﺆﻣﻨﺎ

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