Fatwa ID: 05256

Answered by: Mufti Mohammed Tosir Miah

Question

I have had many quarrels with my wife in the past; we used to say to each other all sorts of horrible things. My question is during those fights what if I have said something regrettable; I don’t remember now what I have said then. I love my wife very much and in my sane mind I would never even think of giving her a divorce; I am too scared of losing her. Just the word Talaq scares me, but whenever the quarrel starts it is like I am a totally different person in a fit of rage, sometimes I don’t even remember why we fought. As far as I can remember I haven’t said “I give you divorce”,       

(1) Although I have asked her many times whether she wants a Divorce or not and whenever she has said yes, I told her to go to her parent’s house and sort out their advice first then we will see,                                                                                                   

(2) I also told her if I ever gave her a divorce then don’t blame it on me. Such quarrels happened all the time but after some time we both used to cool down and things go back to normal, this happens all the time. But things are better now and we don’t fight like that anymore.                                                                                             

What is the Islamic Ruling on this?

In the Name of Allah, the Most Gracious, the Most Merciful.

Answer:

1) When a husband asks his wife if she wants a divorce, talaq will not come into effect irrespective of whether or not she replies in the affirmative.

2) The statement “if I ever gave you a divorce then don’t blame it on me” does not constitute talaq.

Only Allah Ta’ala knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham