She is afraid that her divorce is a major irrevocable one Fatwa No: 131282
- Fatwa Date:12-1-2010
Asalamualikum Hope u can help me. Me and my husband recently went to a mufti at an sharia islamic centre who said we have been divorced once when my husband said the words talaq talaq talaq in one go as he did not intend 3 talaqs and made him take an oath that he didnt. I asked another imam about this issue just generally without giving him all the details and he said it doesnt matter if he meant it as one it will still count as three. Will we get sin for not listening to this imam in the first place instead we decided to book an appointment with the shariah department at a mosque who deal with divorce marriage etc? Im suffering from waswas at the moment on divorce, i keep thinking me and my husband are divorced as in the past he use to tell me he did not want me in his life, and for me to 'go and never come back', i keep thinking did he intend divorce when he said this, he keeps assuring me he didnt or he doesnt remember as it was such a long time ago and he was angry and just threatening me. I went back to the mufti with my husband as our situation was getting worse as i kept asking my husband what did he mean when he said this and what was his intention, for some reason i cant trust my husband i think it is the waswas , one night he got so upset with me as i kept bothering him about it that he said 'you want a divorce then get out of here' i got so upset as i thought he divorced me even though he swore to allah that he was just angry and did not have the intention, did divorce happen on this occasion? the mufti gave me a lot of material on how to deal with waswas and he said it wasnt a divorce as he had no intention. I feel so ashamed of myself that i cant trust my husband i love him and i can see that im hurting him, sometimes i feel like running away astagfirullah im scared i might ruin our relationship and we are having a baby soon, hope u can answer my questions jazakhallah
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
If your husband had repeated the word divorce three times, but he only intended one divorce as he mentioned, then it is only one divorce that took place because the second and third divorce were only to confirm the first one.
As regards the statement of your husband ‘you want a divorce then get out of here’, then this is one of the metaphors of divorce and divorce does not take place unless your husband intended it. For more benefit, please refer to Fataawa 89894 and 87034.
Therefore, if your husband did not intend divorce with such a statement, then divorce did not take place. So, you should have marital relationships with your husband as if nothing had happened and you should be careful from the devil who wants to spoil your marital life. Both of you should be keen to be wise and rational when solving problems.
As regards anger, it may prevent divorce from taking place in some cases and not in other cases; for more benefit, please refer to Fatwa 121374.
Allaah Knows best.