Metaphor of divorce depends upon husband's intention

27-2-2017 | IslamWeb

Question:

Assalaamu alaykum. I am very distressed right now and look forward towards your help. A few months ago, my husband and I got into an argument until, out of anger, he said, "Go to your mother's place." We did not pay attention to it at that time, but a few days ago, I came across a lecture by a scholar on Facebook who said that divorce occurs when such words are said. Now, my husband says that his words were, "Go to your mom's place forever," while I clearly remember that he did not mention the word 'forever'. About his intention, he said that he was angry at the time. We were not aware of the phrases that can count as divorce. He thought that only the word divorce (Talaaq) was used for this purpose. We are both scared, as we have one son and I am presently pregnant with our second child. Secondly, a year ago, we had a fight; I was trying to make amends, and he was very unresponsive, so I asked, "Will you leave it like this?" and he abruptly answered, "I left." Does this count as a divorce as well? My father-in-law said that it did, so we renewed our vows in front of two men.

---

Answer:

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

What your husband said is not an explicit wording of divorce. Rather, it is a metaphor of divorce, through which divorce does not take effect except if the husband actually intended to issue a divorce while saying it. Please refer to fatwa 332467.

Hence, since your husband did not intend to issue a divorce by uttering those statements, divorce has not taken place. In any case, we advise you and your husband to be keen on treating each other with kindness and respect.

Allah knows best.