Fatwa #143046 June 2006South Africa
I needed to know if this will be considered a never-ending vow of divorce and how one can get out of it by offering Kaffarah
Question
I needed to know if this will be considered a never-ending vow of divorce and how one can get out of it by offering Kaffarah etc.
If due to some absurd reason if a person X who is currently single (not married) and makes a general statement (without swearing by Allah) that everytime he gets married then he is divorced or everytime he performs nikaah he is automatically divorced then can he ever get out of such a never-ending divorce statement about the future? Remember he is not married right now.
Will he not be able to marry anyone now for the rest of his life? Is there anything he can do to get out of this problem? I have heard a hadith that there is no divorce before marriage. Will the same principle apply to vow/oath of divorce before marriage?
Another point is that he is not 100% sure whether he spoke those words. He knows for sure that he had lot of those thoughts in his mind but does not remember for sure that while he was thinking whether he uttered the statement or not.
Please answer for both situations (1. if he did say it and 2. if he is not sure).
Answer
We sympathize with you that you have become a victim of such treatment. May Allah grant you strength, courage and tolerance to pass this difficult time. May He grant you Aafiyya. Ameen
Our advise is to contact the seniors of his family and engage them in the process. It is possible that they are unaware of the situation and are thinking that all is fine. It is important to also contact your family, relatives to assist you in this matter. Their support and advise is vital at this stage. If you fail to make contact with his family or you are having difficulty in pursuing the matter, we suggest that you contact the Judicial Committee of your local Ulama body and request them to assist you. As a last resort, they could annul the marriage.
Furthermore, you could obtain legal advice on your situation. If you could free yourself from this man through the recourse of the Country’s Justice System, you should certainly do so. This will bar him from ever coming back to you and causing unnecessary distress to you.
Jazakallah
And Allah Knows Best
Muhammed Zakariyya Desai
Student: Darul Ifta
Checked And Approved: Mufti Ebrahim Desai