Divorce enforcement requires pronouncement of divorce

3-5-2011 | IslamWeb

Question:

I have married with the intention of helping my aged mother. However, my wife currently lives at her family home and refuses to go home with me even to see my mother although I live far away from her house so I can be near my workplace.
Does this invalidate our marriage (noting that I intend to divorce my wife)?

---

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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Divorce enforcement requires the ‎pronouncement of divorce. Consequently, if you only intend divorce without uttering the word of divorce, then it will not count. This is the opinion of the majority of scholars, as the Prophet said: “Allaah  has overlooked for my Ummah (Muslim nation) whatever they say in their minds, so long as they do not act upon it or speak of it.” [Narrated by An Nasaa'i and At-Tirmithi: Hasan Saheeh]

Allaah Knows best.