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:

Question:salam me and my husband was livingvery happily but after the birth of our daughter she is now three month old he is rude to me and that start arguing between us and now two weeks before when he was very angry and he said it many imes that i want to divorce u .is this divorce happened or not plz tell me i want to live with my husband

Thanks

Asma

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Answer:

Threat to divorce

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved Sister, a mere ‘intent’ or ‘threat’ to divorce by the husband (example: ‘I will divorce you’ or ‘I want to divorce you’, etc.) does not constitute a legal or valid pronouncement of divorce in Shariah Law.

A divorce will only be established in the Sight of Shariah if the husband were to declare (verbally, written, or in any other format) a divorce whereby words to the effect of ‘I divorce you’ have been declared by the husband unto his wife.

If your husband has only declared an intention or a threat to divorce you, it would not constitute a valid divorce in the Sight of Shariah Law; but if your husband were to put any condition with the threat or the intention of divorce….for example:

1. You are divorced if you wear red color again…..or
2. You are divorced if you cook fish again…….or
3. You are divorced if you visit such and such a person again……etc.

When a husband puts a condition to the divorce that if the wife does such and such, or if such and such happens, she is divorced, it is known in Islamic Jurisprudence or ‘Fiqh’ as a ‘talaq mutallaq’ or a hanging or a conditional divorce.

As long as the condition is not fulfilled, the divorce pronouncement will remain ‘hanging’….and as soon as the condition is fulfilled, a divorce will indeed be established between the couple in marriage, and one of the three divorce pronouncements of the marriage will be deemed utilized.

Thus every believer who has been blessed to marry must fear Allah His Lord, and not issue declarations or intentions of divorce, unless of course he genuinely intends to divorce his wife for a very strong reason.

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

Your Question: ….he was very angry and he said it many imes that i want to divorce u .is this divorce happened or not plz tell me i want to live with my husband

As long as your husband only declared an intention or a threat to divorce you, such intentions and threats do not constitute a valid divorce pronouncement in the Sight of Shariah Law, and do not effect the validity of one’s marriage in the least.

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 and well wisher in Islam,

Burhan