Fatwa ID: 01378

Answered by Mufti Mohammed Tosir Miah

Question:

Question regarding actual divorce statement and metaphors:
1) If a person has a book or paper in his hand with metaphors written (the person did not write the metaphors, but already printed by someone else for other purposes or just happen to be in the room) and with intention puts it in his pocket or puts it on a table at work or even in his house and then very shortly after he does not have any intention, but leaves the paper where he put it (the wife or anyone else do not see it). would this count even if he did not have any intention anymore? what is the state of his nikkah? Please note the person did not write the metaphors but just happen to pick up a normal paper with these written on or printed by someone else.
Also related, if a person gets a thought that if he does so and so, then divorce. such as he switches the t.v. or computer on with intention and when he does the t.v. channel is already showing some possible metaphors. And that person or wife or someone else is also watching and see it. What is the state of the nikkah? The person who has the intention does not say any words, but just switches the t.v. or computer on.

Answer:

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

For the divorce to occur, one must utter the words of divorce or talaq verbally.

“The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

With regards to your question thinking about divorce will not execute a divorce. Unless the husband says the words of divorce, it will have no bearing on the marriage. Similarly, by placing a paper of ambiguous divorces on the table at home or work will not effect a divorce.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.