Fatwa ID: 01561
Answered by Mufti Mohammed Tosir Miah
(Extracted from a detailed question)
If the husband said “what if you are h-a-r-a-m on me and then after that I think said are you h-a-r-a-m on me twice that I think I said are you h-a-r-a-m on me twice and I said this for no apparent reason but after that I feel that I may have said to her you are h-a-r-a-m on me.
In the name of Allah, the most Beneficent, the most Merciful.
Regarding your first question, when you said “what if you are haraam on me” or “are you haraam on me” would not constitute a divorce. The aforementioned statement is more like a thought or possibility of your wife being unlawful upon you rather than actually intending to give her a divorce.
Regarding your second question where you think you said “you are haraam on me”, 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.
The conclusion to your question is that if you have a doubt whether you said “you are haraam on me” or not, then the divorce will not occur.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham