Is Our Marriage Intact if I Say to My Husband, ‘I’m Getting a Divorce,’ to Which He Replies, OK?


Answered by Mawlana Ilyas Patel

Question

Is our marriage intact if I say to my husband,’I am getting a divorce’ to which he says OK?

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.

You mentioned you said to your husband, “I’m getting a divorce,” to which he replied, okay. The husband has interpreted this as you might go in the future, which is one of the possible meanings of that tense to the Sharia council, perhaps to petition for a divorce or maybe even file for a UK divorce. This will not affect divorce, as he is not divorcing you, and a wife does not affect divorce in this way. He has just acknowledged your statement.

Divorce is of Two Types

Divorce is of two types: 1) clear and plain words exclusive to issuing divorce and 2) Allusive (kinaya) words.

Allusive words are understood to be unclear words and statements, and they do not effect divorce unless one intends them or it is determined by the circumstance one is in. Allusive words are not exclusively for issuing divorce but can be implied and hinted at.

[Ibn ’Abidin, Radd al-Muhtar]

Given the considerations in such cases, consult reliable local scholars and seek marriage counseling and advice so you both can work on your marriage and it can improve.

Related

Why not begin your search for knowledge by signing up for a course on SeekersGuidance, like Keys to Successful Muslim Marriages (seekersguidance.org)

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I pray this helps with your question.

Wassalam,

[Mawlana]Ilyas Patel

Checked and approved by Shaykh Faraz Rabbani. 

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey.

He started his early education in the UK. He went on to complete hifz of the Quran in India, then enrolled into an Islamic seminary in the 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 taught 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 the UK with his wife. His personal interest is the love of books and gardening.