Doubts in issuing a divorce

Doubts in issuing a divorce

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There is a principle in Islamic jurisprudence which is:

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

Therefore if one was doubtful and uncertain of issuing a divorce then such a doubt will not invalidate one’s marriage, as the certainty of marriage will not be lifted by the doubt of issuing a divorce.

With regards to your question if you have a doubt whether divorce has been occurred or not, then the divorce will not occur. Similarly, by saying “ I d…” would not execute a divorce.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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