Fatwa ID: 03956
Answered by: Mufti Mohammed Tosir Miah
My wife and I were discussing something about beating up a woman and she said to me, “I am scared of you.” So, I said to her, "I swear on the Quran I will never beat you up. But instead of me beating you up I divorce you."
What I meant was that it’s better that I divorce you rather than beating you up. So, ‘I divorce you’ came out wrong and that's not what I wanted to say. I was only assuring her that I will never beat her up and we were only talking about things like a man beating up his wife, so what I said was instead of me beating you up I divorce you rather than beating you up. I was only telling her what I would do and what I wanted to say was I’d rather divorce you rather than beating you up. Is this divorce, brother, because I didn’t want to say I divorce you?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
In the above situation, the divorce will not occur.
Only Allah knows best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham