Fatwa ID:05238

Answered by: Mufti Muhammad Adnan

Question

I am suffering waswas and doubt a problem for the last 7 to 8 years 24/7. Firstly if someone just uttered merely talaq words then talaq takes place however there is no intention for talaq. Secondly, if someone has merely doubts about talaq then what can he do I had lots of waswas regarding this waswasa because Shaytan always puts doubts in my mind that you have uttered talaq words in past or recent times. However, I do not remember what exact words or sentence I had uttered, to be honest, I am really depressed with these thoughts please advise me due to waswas problem I had to repeat my wudhu, Ghusl and Salah many times so how can I overcome this situation what is the ruling about talaq for such a person my nikah will be intact I had a doubt on my nikah due to talaq doubt.

I have two doubt:
1. Whether I had utter the word or not?
2. If I had to utter which word and how many times?

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

Answer

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.

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham