Uttering the metaphors of divorce with the intention to divorce in the future

22-10-2009 | IslamWeb

Question:

As salaam alay kum,
I need clarification about the ruling on implied divorce and the role of intention.
I have read in your fatwas that the implied divorce takes effect if there is intention to divorce when the implied statement is made (such as "leave me" or "get out of my life" etc).
If one is planning to divorce his wife when he makes an implied statement then is this causes divorce? So he is thinking about divorcing her in very near future (like tomorrow or in a week) so the intention to divorce is present (i.e. to divorce in near future) but he did not intend to divorce her at the same time or on the spot by any such implied statement.
So in summary, having the intention to divorce one's wife in near future while making an implied statement is going to effect divorce? Or is it that implied divorce takes effect ONLY when husband intends to issue divorce on the spot (at the same time) when he made the implied statement?
Jazzak Allah.

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

The matter is as you read in those Fataawa that the metaphors of divorce need intention so that it could be ruled that divorce had taken place. Of course, this intention has to be present when uttering the metaphors of divorce intending with them to initiate divorce. As for intending to divorce the wife in the future, this has no effect.

It should be mentioned that the two spouses should be keen to achieve the stability of the marital life and avoid as much as possible taking divorce as a means for solving the problems between them. Indeed, divorce has bad effects on the family in general and especially on the children.  

Allaah Knows best.