Fatwa ID: 01560

Answered by Mufti Mohammed Tosir Miah

Question:

If I had an argument with my wife and she was laughing and I told her that if you laugh again you are divorced – she then laughed again, however she said she was laughing out of shock – i.e. not laughing but her expressions were that of a laugh – does that count as a divorce

My wife made my small daughter wear clothes which were inappropriate – I told her that that the day my daughter goes out of control – i.e. becomes involved in fitna then i will leave her – the exact words were “the day she goes out of control – I will leave you” – does that count as a divorce if the child one day becomes bad. When I said leave you I meant I will leave the house and go somewhere else – but maybe divorce occurred to me as well. I didn’t mention the words talaq or divorce. Does that count as divorce?

Answer:

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

If one connected the divorce to the occurring of a condition, divorce will occur when the condition takes place. And the oath (i.e. the connecting of the divorce) will come to an end, because when the condition takes place, the connection of the divorce no longer remains. (Hidayah p.385 v.2)

Regarding your question, if you did not use the word whenever, then divorce will only come into effect when that thing happens the first time, after which the oath comes to an end and no further divorce takes place again.

However, if you said: whenever you do this, you are divorced then whenever that thing happens, one divorce comes into effect. Thereafter, if you take her back and she does that thing again, once again a divorce comes into effect until it reaches three divorces. (Fatawa Hindiyyah p.415 v.1)

Regarding your question, when your wife laughed irrespective of whether it was out of shock or not a divorce will occur.

Regarding your second question, it will be based on your intention.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham