Fatwa #297096 July 2014United Arab Emirates
If the husband says in his mind 'I divorce my wife', does the talaq take place?
Question
I have a question about Nikkah Validity.
If a man is frustrated and without opening his mouth or uttering any words, but in his heart if he says I D..... My Wife. Will this constitue in nikkah being broken. Though he has not said anything. Also if he sees his wife in eye and in heart or mind he has similar words being said. Does this break the Nikkah. Since the intention is in the Mind or Heart Before being said.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The mere thought of divorce does not constitute a divorce. The Nikah remains valid.
The man in reference should control his frustration and avoid giving vent to his frustration with the thought of divorcing his wife.
It is possible Shaytan and nafs could get the better of him and make him do the regrettable act of divorce.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.