Fatawa Answer

Question: Words of divorce

ID: 1547

Name: Marriage and Divorce

Question

if a husband says to his wife, 'stop doing such and such an action otherwise I will give you a divorce'. Does divorce happen if she does those actions? The intention was to show frustration and say that the words of divorce might come out in anger if she continues to do that. The intention was not to give divorce based on that condition. If divorce does happen in this case what should a person do to retract it?

Answer

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

The words in the question: “Stop doing such and such or I will divorce you”. This is a threat in future. Therefore, it will not lead to divorce. Divorce will not occur even if the wife goes ahead with the forbidden conditional act, unless you divorce her by past or present clauses, or hang her divorce in suspension.

(بخلاف کنم؛ لأنہ استقبال فلم یکن تحقیقاً بالتشکیک…لو قال بالعربیۃ: أطلق لایکون طلاقاً۔ (ہندیۃ، زکریا۱/۳۸۴، کتاب الطلاق

فقط واللہ اعلم واتم

Answered On: Thursday, Mar 24, 2022 | N/A

Answered By: Mufti Mohammed Ataur Rahman Sajid

Checked By: Mufti Mohammed Navalur Rahman