Fatwa ID: 08614

Answered by: Alimah Maryam Badshah

Question:

Last year I received a fatwa by Mufti saying my divorce did not take place based on the words I used however I did not tell the mufti that I had already told a friend in confusion that I had given my wife three divorces and am now confused on whether this fatwa was valid and if my divorce did happen or not.

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

Answer:

Mistakenly stating to another person that you had divorced your wife does not constitute a divorce if you were only relaying what you thought had occurred.

References:

طَلَّقَ الْمُبَرْسَمُ فَلَمَّا صَحَا قَالَ قَدْ طَلَّقْت امْرَأَتِي ثُمَّ قَالَ إنَّمَا قُلْته لِأَنِّي تَوَهَّمْت وُقُوعَ الطَّلَاقِ الَّذِي تَكَلَّمْت بِهِ فِي الْبِرْسَامِ إنْ كَانَ فِي ذِكْرِهِ وَحِكَايَتِهِ صُدِّقَ وَإِلَّا لَا…

Al-Fatāwa al-Hindiyyah (Vol.1, pg.353, Dār Al-Fiqr)

Only Allah (عز و جل) knows best.

Written by Alimah Maryam Badshah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham