Fatwa #1333313 August 2005South Africa
statements from husband "I SHOULD get a divorce" or "why should i wait? instead of waiting I SHOULD end marriage now" can constitute divorce?
Question
Can these statements cause divorce when said during discussion and NOT to mean/intend an actual divorce?
-- Are statements from husband such as "I SHOULD get a divorce" or "why should i wait? instead of waiting I SHOULD end marriage now" (OR... "instead of waiting I SHOULD get a divorce now") can constitute divorce?
-- Or in URDU if he said "itna inteezar karnaay kaay bajaiyee shaadi abhee khataam kaar dainee chah-hee-yay".
-- One time during fights he said something like "sub kuch khataam hoo jayee gaa" or "everything will end".
He said those words not meaning to execute/issue divorce at that time but rather in general discussion with friends/family while talking about marital problems.
Can these cause divorce?
Answer
All the abovementioned statements do not constitute divorce. The husband should avoid uttering such words unnecessarily.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai