Attaching an Oath to Divorce

Fatwa ID: 03827

Answered by: Maulana Imran Mughal

 

Question

Asalamu Alaikum,
My question is regarding divorce. I would like to seek guidance about my relationship. Please find below the context;


My wife and I have been married since September 2017. Around 8 months after marriage, we had a heated argument where I said to my wife [STATEMENT 1] "if you fight with me again, today (same day) then from my side it is Talaq (divorce)". It did not work out and our argument (fight) continued even with more intensity. Then after a few hours, I managed to calm her down and we started living as normal again.


Then after 1 and a half years, we again had a heated argument. We used to have arguments throughout the period where my wife was prompt to ask for divorce but somehow I always managed to deal with the situation. However this time, I could not keep control. So, we were having an argument (verbal fight) and I told her [STATEMENT 2] "if you did not leave this place in the next 2 minutes, then from my side it is a Talaq (Divorce)." I never meant for her to leave me or the house, but just to move away from where she was standing and maybe go to a different room or nearby place. My wife did not move from the place even in the next 5-10 minutes.
 

From the very next day onward, our relationship became normal (*we are living as usual before but no physical relationship as not sure about it).


So my question is:
1.      Whether these statements will count as 2 Talaq? If the answer is YES then what should I do to fix my marriage?
2.      If the answer is NO, then what is the best practice for me in Islam to continue?


Hopefully, I managed to communicate my concerns properly, however, should you require further information, please do not hesitate to contact me. JazakAllah Khair.
 

Regards,
A brother in Islam

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

From Statement 1, one revocable divorce has occurred due to an oath being attached to the divorce, and that oath becoming a reality.

There are two scenarios from now that could have happened:

  1. In a revocable divorce, the husband can take his wife back within the waiting period either by saying so or through an action (kissing or engaging in intercourse for example).
  2. If this has not happened, then it becomes an irrevocable divorce at the end of the waiting period of the woman and therefore the husband and wife are officially divorced.[1]

For Statement 2, this will also have incurred a divorce.

Depending upon whether the first or second situation happened, the following can be understood:

  1. If the first scenario occurred, then the second statement will incur a second revocable divorce, meaning that the woman will go through a waiting period and it is still possible for the husband to revoke the divorce by saying so or being intimate. However, it should be remembered that the husband has in total given 2 divorces to his wife and only has 1 left.
  2. If the second scenario took place, then the wife is no longer his wife after that situation, and therefore when she heard those words it will be treated as though he is talking to a stranger, whereby the divorce will not take place.        

 

 

Only Allah knows best

Written by Maulana Imran Mughal

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 


[1] Imam Marghaynani, Al-Hidaya (Karachi: Maktabat Al-Bushra, 2014). 3:195.

 

Comments are closed.