Fatwa ID: 07832

Written by Maulana Abdurrahman Mohammad

Question:

I got married in Pakistan. It has been over a year now that my mother-in-law created a huge misunderstanding between me and my wife. I wrote a message to my wife on WhatsApp “I will send you a divorce notice within 10 days.” Then I deleted the message, as my intention wasn’t to send a divorce notice. My main question is, will this be considered as a full divorce or just one?

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

Answer:

Divorce is a serious matter and should never be mentioned carelessly. Words can have binding legal implications in Shariah and result in unintended consequences. In your specific situation, you mentioned in a WhatsApp message, “I will send you a divorce notice within 10 days,” using the future tense. This type of statement constitutes a promise to issue a divorce in the future. It does not automatically result in an actual divorce.

Fatawa Hindiyyah mentions:

“If [a husband] says, ‘Divorcing you is necessary upon me’ it does not occur.”

Similarly, statements of promise or future intent such as “I will divorce you” do not issue Talāq until the act of divorce is explicitly performed. However, it is advisable to avoid mentioning divorce in conversations or messages unless absolutely necessary, as even unintended statements can create misunderstandings or regrettable consequences.

References:

وَلَوْ قَالَ طَلَاقُك عَلَيَّ لَا يَقَعُ

(Al-Fatāwā Al-Hindiyya, vol. 1, pg. 355, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah)

Only Allah (عز و جل) knows best.

Written by Maulana Abdurrahman Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham