What Kind of Words or Actions Qualify for Divorce?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I know few words were uttered in the past as metaphorical divorce by my husband. He has spoken such words, but his intention was not to divorce. He has clarified swearing by Allah. Recently I told my husband about this, and at that time, he said affirmatively, “go from here!” I married you with love; why would I say you so?
I got scared that his intention was divorce while saying “go from here” because he mentioned “marriage” next. He says I was clarifying your doubts with two kids. Why would I intend to do so? I get doubts; please help. I am a person who suffers from misgivings and doubts.
Answer
In the Name of Allah, the Most Merciful and Compassionate
Allah Most High continue to increase you both in happiness and harmony in your marriage, Amin
Unclear words, like ‘go from here,’ which your husband uttered in the past, do not automatically affect divorce. It’s a typical sentence when someone does not want the other person in the front.
However, if a discussion of divorce and separation were taking place, it would have an effect. More so, it has been clarified by the husband his statement was not with the intention of separation and divorce.
Words that do not explicitly and clearly express the severing of marital bond require an intention or circumstantial indications, like the discussion of separation and divorce taking place. [Ibn ‘Abidin, Radd al-Muhtar]
Try your best to ignore the thoughts. Your husband has reassured you. So could you leave it to that? Don’t fall for the whisperings of the shaytan.
Remember, Allah is the Most Merciful, and His Mercy means that He will not take you to task for these thoughts; they only exist in your mind. Find comfort in His Mercy, keep yourself active, be grateful for having a husband and children, and do not let the devil distract you from Allah Most High.
Check these links:
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My Husband’s OCD Is Troubling Me. What Do I Do?
OCD, Baseless Misgivings (Waswasa) and Divorce
Could I Have Divorced My Wife Unwillingly?
How Should I Deal with Waswasa about Divorce?
I Have Baseless Misgivings (Waswasa) About the Soundness of My Faith and My Marriage
How Can I Stop Worrying That My Hymen Might Have Broken?
Do Thoughts of Disbelief Invalidate the Marriage
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I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.
He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.
He currently resides in UK with his wife. His personal interest is love of books and gardening.
