Fatwa ID: 08329

Answered by: Maulana Abdurrahman Mohammad

Question:

My husband has asked me several times to take divorce from him. Is our Nikah valid now or not?

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

Answer:

Merely asking for a divorce does not constitute a divorce, it must be explicitly pronounced. The right to divorce solely belongs to the husband, so a wife cannot divorce herself unless the husband gives her one or more of his Talāq’s and she uses them within a specified timeframe.

If he says to his wife, “Choose me,” intending divorce by that, or he says to her, “Divorce yourself,” then she has the right to divorce herself as long as she remains in that place, even if it lasts a day or more, as long as she does not get up from it or take up other work.

References:

[1] إذَا قَالَ لِامْرَأَتِهِ اخْتَارِي يَنْوِي بِذَلِكَ الطَّلَاقَ أَوْ قَالَ لَهَا طَلِّقِي نَفْسَك فَلَهَا أَنْ تُطَلِّقَ نَفْسَهَا مَا دَامَتْ فِي مَجْلِسِهَا ذَلِكَ وَإِنْ تَطَاوَلَ يَوْمًا أَوْ أَكْثَرَ مَا لَمْ تَقُمْ مِنْهُ أَوْ تَأْخُذَ فِي عَمَلٍ آخَرَ

(Al-Fatāwā Al-Hindiyyah, vol. 1, pg. 387, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah)

Only Allah (عَزَّ وَ جَلَّ) knows best.

Written by Maulana Abdurrahman Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham