The mere thought of divorce does not constitute divorce

· 5 Dhuʻl-Qiʻdah 1435 AH1 min readFatwa 30398English
Marriage & DivorceDivorce (Talaaq)

Question

A month back when I was riding on a bike, an unitentional thought of divorce (single time) ran on my mind but I didn't acted or uttered a word but at that time out of fear, I immediately made a ruju with my wife by kissing on her foreheard with an intention of the same. But when I started reading books on Islam and browsing your articles, I came to know that mere imagining things in mind or heart doesn't constitute a divorce.

Alhamdulilah after that situation I got relieved but couple of days back I got a feeling whether I enforced that divorce on myself by doing a ruju, does that divorce happened or not. Never in my wildest thought I can imagine living without my wife.

Can you explain what exactly enforcing things on onself and in my case did I issue a single divorce or not by doing a ruju of a talaq which is not valid according to Shariah law. That situation proved to be a turning point of my spiritual journey and I started seeing every thing according to what is right in front of Allah.

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 divorce .[1]

The ruju you made was futile with no implications.

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/

References (Arabic / Urdu sources)

[1] حاشية الطحطاوي على مراقي الفلاح شرح نور الإيضاح (ص: 219)

لو أجرى الطلاق على قلبه وحرك لسانه من غير تلفظ يسمع لا يقع

Answered by
Arshad Ali
Checked & approved by
Mufti Ebrahim Desai
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