Said to his wife "I am in full sense" and did not intend to divorce her

27-10-2009 | IslamWeb

Question:

Divorce Matter:
salam with kind respect i belong to deoband firqa i have done nikkah not rukhsati yet due to financial clahses one day we were in very deep discussion and i say to my wife that i am in full sense after this i stop my words and i didnt use the word divorce and my thought was also not to do that so please my nikkah is valid or not
thanks

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Divorce is only effective with the clear words of divorce or with metaphors of divorce while having the intention of divorce, as regards a husband saying to his wife ‘I am in full sense’ and he does not utter divorcing her, then this does not lead to divorce even if he wanted to utter it but did not utter it, so let alone if he did not intend to divorce her at all.

Therefore, your wife is still your wife.

It should be noted that both spouses should avoid disputes, and if any problems occur, they should endeavour to solve them with wisdom and reason.

For more benefit on Deobandism, please refer to Fatwa 90904.

Allaah Knows best.

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