If the husband said to his wife if you become angry again you are divorced

Fatwa ID: 01559

Answered by Mufti Mohammed Tosir Miah

Question:

If the husband said to his wife if you become angry again you are divorced

Answer:

Bismillah

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

Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

According to Imam Abu Hanifah raḥimahullāh (may Allāh have mercy upon him), all types of taleeq are valid and if the condition is found the divorce will occur. (Dars Tirmizi p.491 v.3)

Regarding your situation, if your wife gets angry then one divorce will occur. If you however, warned her of giving her a divorce in the future, i.e. “I will give you a divorce” then divorce will not occur. The Islamic ruling regarding divorce being uttered in the future tense is that divorce does not occur. They are merely a promise or a warning and promises and warnings do not effect divorce. (Badaaius Sanaai p.210 v.2)

Another slant to this ruling is that when the husband uttered the words his intention was that that if his wife gets angry again at this precise moment then I will give a divorce, however, if she was to become angry later then it would not occur.

We call this in Islamic jurisprudence as Yamin fawr. It is an oath that implies the present not the future. For example, when someone comes to a place and meets some people eating and when they invite him to eat, he says, “Wallahi I shall not eat”; it is yamin fawr. It is not related to the future but to the present. Therefore, if that person eats something later, that eating does not break his oath. (See Usuul Shasi p.28)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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