Does divorce occur if the husband wants to give divorce

CategoriesDivorce [570]

Fatwa ID: 01425

Answered by Mufti Mohammed Tosir Miah

Question:

salam. I would like to know if I am divorced. My husband and I have been separated for the last 10 months, only being married 1 year. I tried to sort our difference but I found that his family would interfere in our problems. He has declared in front of witness that he wants to give me talak 3 times in one sitting. Am I divorced? 

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

There are three ways for a marriage to break or separation to occur:

  • One utters the words of divorce or talaq verbally. It is mentioned in Durrul Mukhtar:

 “The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

  • Giving talaq through means of the written word also effects separation. Imam Kasani raḥimahullāh (may Allāh have mercy upon him) states:

“Similarly, issuing a divorce verbally is not a condition. Hence, divorce will be effected with clear and unambiguous writing, or with the understood gesture (isharah) of a dumb person, because the clear written word is in place of verbal utterance”. (Bada’i al-Sana’I p.100 v.3)

  • Sometimes if a husband is not fulfilling his rights, the wife can initiate a separation through an Islamic Shariah Concil.

Regarding your question, you said that your husband “wants to give you three divorces”. The key word here is wants to give”. This denotes future tense. The Islamic ruling regarding divorce being uttered in the future tense is that divorce does not occur. They are merely a promise or a warning and promises and warnings do not effect talaq. (Badaaius Sanaai p.210 v.2)

The conclusion we can come to from the aforementioned question is that you are not divorced at this moment in time. However, if your husband goes ahead with his intention of giving you three divorces then three divorces will occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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