Did his words mean divorce?

28/03/2010| IslamWeb

Question:

If you fought with your husband and at that time he was really tensed and he said that "then our relationship is broken or over" later he said he did not mean it from his heart.

 

Fatwa:

 

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.

 

If a husband says to his wife: "Our relationship is over" then this is considered as a metaphor for divorce and it is not a direct expression that mean divorce, so divorce does not take place unless he intended it. So if he says that he did not intend divorce then his wife is not divorced. But if he says that he intended divorce by this expression, then divorce takes place.

 

However, some scholars, may Allah have mercy on them, are of the view that divorce takes place by uttering one of the metaphors of divorce even if the husband did not mean it in some cases where it is considered as a strong indication that he intended divorce, like in the case when he is angry or when she asks him to divorce her and he answers by saying: "Our relationship is over" and other expressions of same meaning. Indeed this is the established opinion in the Hanafi and Hanbali schools. So the circumstances [of the incident] like the intention of initiating a divorce are to be considered. However, our opinion here in Islamweb is the first opinion.

 

Allah Knows best.

 

Fatwa answered by: The Fatwa Center at Islamweb