Does saying ‘I swear I will never beat you up. But instead of me beating you up, I divorce you’ constitute a divorce?

Fatwa ID: 03956

Answered by: Mufti Mohammed Tosir Miah

 

Question

My wife and I were discussing something about beating up a woman and she said to me, “I am scared of you.” So, I said to her, "I swear on the Quran I will never beat you up. But instead of me beating you up I divorce you."

What I meant was that it’s better that I divorce you rather than beating you up. So, ‘I divorce you’ came out wrong and that's not what I wanted to say. I was only assuring her that I will never beat her up and we were only talking about things like a man beating up his wife, so what I said was instead of me beating you up I divorce you rather than beating you up. I was only telling her what I would do and what I wanted to say was I’d rather divorce you rather than beating you up. Is this divorce, brother, because I didn’t want to say I divorce you?

 

        بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

In the above situation, the divorce will not occur.

 

 

Only Allah knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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