Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Aslaam-Mu-Alaikum, brothers of Islam, please advice me on the subject of Divorce as you have better understanding then I.

I once got angry with my husband, & in my head for some stupid reason I said Talak Three times, just to myself. I am scared that I have done injustice to my Allah, huband & myself. I do not wish to be divorce. But how does Islam see this? Am I divorced? Have I sinned? Wat can I do to make this up. I do not mean to, I didn`t say it in presence of my husband or anyone, just in my head. He upseted me so much, I didn`t know how to console myself, I am sure the Shaitaan had a hand in this, My head says one thing, my mouth say another. I am sorry to bother you. I hope that Allah-Tallah can forgive me.
From A humble muslim Idiot 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Sister gives divorce in mind

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Beloved Sister, first and foremost, for a divorce to be legal in the sight of Shariah and Allah Subhanah, it has to be announced (verbally, written, etc.). If one contemplates or thinks or says divorce in one’s own head, without actually announcing or declaring it, such a thought has absolutely no legal basis in Islam, nor in the sight of Shariah, nor in the Sight of Allah Subhanah.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 236-237:

236 There is no blame on you if ye (men) divorce women before consummation or the fixation of their dower; but bestow on them (a suitable gift): the wealthy according to his means and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.

237 And if ye (men) divorce them before consummation but after the fixation of a dower for them, then the half of the dower (is due to them) unless they remit it. Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget liberality between yourselves. For Allah sees well all that ye do.

Secondly, Islam has laid the ties of marriage in the hands of the man; and thus only the husband is permitted in Islam to declare a divorce pronouncement upon his wife. The wife has neither the authority nor the right to herself declare a divorce pronouncement on her husband in Islam; and if she does make a divorce pronouncement unilaterally, it would have absolutely no legal basis or standing in the sight of Islamic Law. If for any reason the wife seeks to initiate a divorce proceedings against her husband, she has to go to the Shariah Court who will ask her husband to announce divorce on her, and if the divorce case has merit and the husband refuses to announce divorce on his wife for any reason, the Shariah Judge has a right to declare a divorce between the couple.

My beloved Sister, rest assured that you remain married to your husband and your divorce thought or the pronouncement of divorce which you made in your mind has absolutely no effect on the validity or legality of your marriage.

Your Statement: I hope that Allah-Tallah can forgive me.
Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54: (O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse 135-136: Allah likes such good people very much, who, if ever they commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their shortcomings. For who, but Allah, can forgive sins? (And Allah loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from Allah, and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do good deeds!

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54: When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan