Husband and wife arguing and he says you are

CategoriesDivorce [525]

If a husband and wife are in an argument about whether or not divorce was issued in the past. Then the husband decides to divorce his wife in the argument. He begins his sentence and says 'you are…' but does not complete the sentence which he originally intended to say (he intended to say 'you are divorced') as when he said the first two words 'you are…' he decided he no longer wanted to divorce her.
 
 Would this scenario constitute a divorce? Or would it not constitute a divorce as he didnt complete the sentence, due to him no longer wanting to divorce her?

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

Answer

For divorce to occur it is necessary that the words of divorce are executed either clearly which will result in the divorce occurring straightaway or ambiguously which will result in the divorce occurring if there was intention or through “Dalalat Haal” (prevalent circumstances). 

With regards to your question if the husband said, “you are…” whether it was said in anger or not it will not break the marriage.  The ruling is the same even if the husband and wife are in argument about whether or not divorce was issued in the past.

It will be best not to constantly think about this difficult situation as constant pondering may lead to doubts.

There is a principle in Islamic jurisprudence which is:

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

Therefore if one was doubtful and uncertain of issuing a divorce then such a doubt will not invalidate ones marriage, as the certainty of marriage will not be lifted by the doubt of issuing a divorce. Similarly, by saying “you are da…” would not execute a divorce.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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