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:

Dear Burhan, assalamalaykum

had a fight with my wife on some personal problem, and in anger i said her that now our relation is finish, so is this statment nolify my marriage. or is it a tallaq if it then is it 1st or 3rd.but latter on same night we forgave each other and had our sexual relatonship, so are we still in marriage bounds or a still takak pls clarify it. i am very tensup.pls reply it in light of hadis and sunnah, i am waiting for our reply. jazakallah khair. 

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Answer:

Declaration of 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.

The absolute majority of the scholars and jurists in Islam are of the opinion that the mere saying of a husband to his wife that ‘our relationship is finished’ would not constitute a declaration of divorce in the Sight of Shariah Law; thus rest absolutely assured brother that your statements by themselves do not affect the validity of your ‘nikaah’ or your marriage.

But if one were to declare to one’s wife, whether in anger or in jest, words to the effect of ‘I divorce you’….indeed a divorce would be established between the couple in their marriage in the Sight of Shariah Law and of Allah Subhanah.

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).’

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