Fatwa

  1. Fatwa
  2. Women and Family
  3. Separation of Spouses
  4. Basis, conditions and kinds of divorce

He pronounced explicit divorce out of anger
Fatwa No: 220696

Question

Aslamualaikum, I, my father, my wife and my father-in-law all sat together to discuss about strained behavior going on between me and my wife for the last many days, at my home on June 2, 2013. While discussing the matter, conversation between me and my wife suddenly got heated up. As a result, in anger I pronounced to her, “I did divorce you”. My father warned me, “This can’t be considered Talaak in Islam”. I responded, “I have done this by heart”. My father-in-law insisted, “This can’t be considered Talaak in Islam”. I replied, “Fine, if it is so, I would pronounce it second time after a month”. Since then my wife has been living with her parents. The very next day followed by this incident, realizing that I have made a terrible mistake, I approached to the persons who acted as mediators to finalize my Nikaah, for reconciliation between me and my wife. Now, according the mediators, my in laws along with my wife are ready for reconciliation. However, religious representatives here in my town, have declared it inappropriate according to Islam. I am writing it to you, being extremely hopeful that you guide me with the best possible solution in the light of Quran and Hadidh, Allah may bless you. I would be grateful to you. Thank you.

Answer

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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The statement “I did divorce you” is an explicit divorce and divorce is thereby effective even without intent. The divorce is even more emphatic if the husband intended divorce. Ibn Qudaamah states in Ash-Sharh Al-Kabeer: "In brief, explicit wording of divorce does not require intention; rather, it is effective without intention. Accordingly, whenever he says 'you are divorced' or 'I have divorced you', then it will be effective without intention and there is no disagreement among scholars regarding that." Thus, there is no need for pronouncing it a second time after a month.

If this is not the third divorce, then you are permitted to take your wife back without a new contract as long as she is still in her 'Iddah (waiting period), as Allaah Almighty says (what means): {And their husbands have more right to take them back in this [period] if they want reconciliation.}[Quran 2:228] This indicates that her consent is not required.

In fact, we do not know what the religious representatives mean by declaring it "inappropriate according to Islam." The fact of the matter is you are allowed to take her back, as stated, as long as she is still in her waiting period. If her waiting period has expired, then you cannot take her back except with a new marriage contract. For more information on the kinds of divorce, please refer to Fatwa 82541.

There are two important notes:

First, anger is not an impediment of divorce unless the angry person is not aware of what he is saying. For more benefit, please refer to Fatwa 121374.

Second, spouses should be keen on seeking the stability of the family. Something that brings it about is mutual respect. Each should know his/her rights and duties and fulfill them in the best way. To know more about those rights, kindly refer to Fataawa 85308 and 85167.

Allaah Knows best.

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