Does Saying “We Are Going to Divorce Now” Count as Divorce?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My question is whether this kind of conversation already causes a divorce. I asked my husband, “How would you pronounce a divorce?” He said, “We are going to divorce now.” Then I asked, “You’ve said that before, did you mean it then?” He replied, “No, I never had the intention.” I then asked, “So you mean when you say ‘we are going to divorce now’ and we go to the authority to make it official?” He answered, “Yes, that is a divorce for me.”
The issue is, he has said several times before, “we are going to divorce now,” and once he even filed for divorce with a lawyer, but didn’t proceed. Is he bound by this? And if so, does it apply to his past actions?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
The Statement of “We Are Going To Divorce Now”
The statement of “We are going to divorce now” is an expression of a wish. It will not constitute a divorce. We advise him to avoid these types of words and statements. [Sarakhsi, al-Mabsut; Ibn Maza, al-Muhit al-Burhani]
The same applies to the filing of the divorce with a lawyer but did not proceed further.
Divorce Is Serious
It was narrated from ‘Abdullah bin ‘Umar (Allah be pleased with him) that the Messenger of Allah (Allah bless him and give him peace) said:
“The most hated of permissible things to Allah is divorce.” [Ibn Maja]
Both you and your husband can become the closest of life companions through effort, giving each other a chance to work on the marriage, compromise, and build step by step. Change can happen slowly and gradually with effort and an abundance of duas.
I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.
Related
- What Makes Marriage Work?
- Conflict Resolution in Marriage -Sh.Faraz Rabbani
- marriage and divorce Archives – SeekersGuidance
- Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
- marriage and divorce Archives – SeekersGuidance
- Love, Marriage, and Relationships in Islam: All Your Questions Answered (seekersguidance.org)
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.
