Fatwa ID: 04856
Answered by: Mufti Mohammed Tosir Miah
I had an argument with my wife and the next day while I was taking bath, the previous day’s argument scene came into my mind. I got extremely angry and was highly upset too. While the scene of yesterday’s incident was running in my mind, It was like me going in flashback, I told my self this is what I should do. Then I am imagining my wife and me getting up, hitting her on the face, and saying talak 3 times. Now, this is all happening in thoughts but I did utter the words talak 3 times. When I say I uttered, I mean my lips moved without any voice. It was more like murmuring and I myself did not hear it. I was in the bath with running tap and my voice (if there was any) was so low that I am 100% sure that someone standing next to me would not have heard it or in an extreme case, could have heard some voice but won’t understand what I actually spoke. Again, this was all me imagining and with thoughts that this is what I should do. I did not have any intention of ‘actually giving’ talak to my wife.
In the name of Allah, the Most Gracious, the Most Merciful
The answer to your question is similar to what constitutes recitation of the Holy Qur’an in salah. There are two opinions in the Hanafi Fiqh of what is considered the minimal recitation.
One opinion is that one must able to hear oneself when reading. (See Maraqi Falah p.93) and the second view is that one’s recitation will be deemed valid as long as one moves one’s tongue and lips even though no sound is being produced and one is not even able to hear it oneself. (Ashraful Idaah P.112)
With regards to your situation as you have said in the question that you murmured the sound and did not actually say the words of talaq, your marriage will remain intact. (Raddul Muhtar p.252 v.2)
Furthermore, there is also a doubt about issuing a divorce. 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 doubt will not invalidate one’s marriage, as the certainty of marriage will not be lifted by the doubt of issuing a divorce.
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham