But i still wanna know the exact status of my marriage.... my husband has used such words "I swear by my mother i will defintely divorce you".
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Asalamualaikum
Dear
brother
Jazakallah
khair for the early reply... After going through your email i am still not sure
of my current status... though the mail is crystal clear.. but i still wanna
know the exact status of my marriage.... my husband has used such words "I
swear by my mother i will defintely divorce you" ... "I swear by you
that i will divorce you and leave you forever" .... " i will leave
you and divorce you" .... "Be prepared to go to the embassy this
coming weekend as we hav to put our papers for divorce"....
and
these statements hav been repeated over and over again and again over a period
of time and esp in the past two months its been more than 20 times i guess....
i just
wanna know if i am divorce of not
Thnx
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Intention to divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Respected Sister in Islam, rest absolutely assured that an
‘intention to divorce’, either done in thought, or verbally, or even in
writing, does not constitute a declaration of divorce in the Sight of Shariah
Law.
If your husband has declared terms to the effect ….. ‘"I swear by
my mother i will
defintely divorce you" ... "I swear by you that i will divorce you and leave you
forever" .... " i will
leave you and divorce you" .... "Be prepared to go to the embassy
this coming weekend as we hav to put our papers for divorce".... such statements of ‘intentions to divorce’ are
mere words which your husband has uttered in his ignorance…..they do not
constitute a declaration of divorce in the Sight of Shariah Law or of Allah
Subhanah; nor do such words and declarations have any effect whatsoever on the
validity of your marriage.
If and only if were your husband to declare ‘I divorce
you’, then and only then would a divorce be actually established between the
two of you in the marriage. But if your
husband has merely threatened you with divorce, absolutely regardless of how
many times he may have chosen to threaten you in his anger and/or his
ignorance……rest absolutely assured that an ‘intention to divorce’ does not
constitute a ‘declaration of divorce’ in the Sight of Allah Subhanah.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan