Fatwa ID: 02168

Answered by Ustadha Mahdiyah Siddique

Question:

1. Here's your ring (throws ring at me) I don't want it go on; go,
2. Tell me now if you want to leave me
3. I'll go and tell my mum right now
4. If you don't want to be with me I'm going and telling her
5. I'm going and telling them right now

If my husband says things like this to me is it regarded as a divorce?
I know he didn't intend to give an actual divorce because he thinks and has said to me "divorce only takes place when I actually say the words 'I divorce you'." Is that okay? If he said that to me in conversation explaining to me?

I said "stop saying I don't want to be with you, it can be a divorce" during an argument and he says 'I don't care if it leads to a divorce' is it classed as a divorce? He was just saying out of anger he's told me he never meant any of it at all.

Also I made him make an oath after all this to never think it or say the word divorce ever again and he said I've made the oath, is that okay?

Please reply as soon as
Jazak Allah.

Answer:

In response to your question; 

Divorce will occur if the intention of divorce was made.

In regards to the oath, you would not be able to make your husband take such oaths, as he still holds the right to divorce and were he to pronounce a divorce it would be considered to be valid.

Only Allah Knows Best

Written by Ustadha Mahdiyah Siddique

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham