Fatwa ID: 07469
Answered by Maulana Ubaidur Rahman
Question:
I am dealing with a concern related to divorce. Recently, while joking with my wife, I murmured some unclear words that she couldn’t understand ( We were talking about some other matter).
A thought came to my mind about pronouncing divorce in a similar murmuring manner (I often experience divorce-related waswasa’s). Although the waswasa or thought was manageable, I later went to a separate place and murmured the words of divorce 3 times, including my wife’s name (Producing sounds like Aaa aa, mmmm while murmuring etc.). The murmured words were not clear or understandable, but they were present in my thoughts/ head and were being whispered.
I have a history of anxiety and panic attacks triggered by divorce waswasa’s where I feel pressured to say the words but manage to control myself. Now, I am unsure if my murmuring could have constituted a valid divorce, especially considering my intention was to murmur and not clearly articulate the words.
Moreover, now I am also getting doubts about what if any murmured word would have been pronounced correctly, what if your intention was to give divorce to your wife etc etc. Whereas in reality I never ever want to divorce her. I am happy with her Alhamdulillah.
Given every aspect of this situation, does such murmuring, without clearly pronouncing the words of divorce, constitute a valid divorce?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In relation to divorce, it needs to be clear and directed in order for it to occur.
The certainty of marriage will remain intact unless there is something clear and direct to break the union and contract which is bound by contract in marriage. Only after certainty will divorce occur, which murmuring or as a result of having doubts whether divorce was uttered or not, divorce does not occur.
Only when certainty has been established will matters relating to what has been said or done be established so that everything can occur the way that it was meant to or directed to. In other words, unless something has been certain to have occurred or uttered as directed, there will be no place for it to be enforced based on the principle and rule of certainty.
In this scenario, divorce has not occurred as there was uncertainty regarding what was said and unclearness and undecipherable words in the murmuring mean that divorce has not occurred.
Qawaaid Fiqhiyya, Page 107, Darul Tirmizi.
Durrul Mukhtaar Sharh Tanweeril Absaar, Page 206, Maktabatus Shaamila.
Only Allah knows best.
Written by: Maulana Ubaidur Rahman.
Checked and approved by Mufti Mohammed Tosir Miah.
Darul Ifta Birmingham.
