Said to his wife “It is divorce from my side”

20-10-2012 | IslamWeb

Question:

Salaam, Please could you tell me if a husband says after a massive argument with his wife, its a divorce from my side, and its confirmed, but not to the wifes face but in front of her parents and her . And then doesnt speak to her for 5 months and then contacts and says to her i didnt know what i said i didnt mean it your still my wife. Does this divorce take place? could u please shed some light on this i am very confused. Thank you.

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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.

It is not a condition for divorce to be valid that it is said to the wife face to face or even while she is present or knows about it. For more benefit, please refer to Fatwa 85343.

Therefore, the saying of the husband “This is divorce from my side,” after arguing with his wife is an effective divorce whether he addressed his wife along with her parents or addressed her parents only.

As regards the effect of anger on divorce taking place, then if the husband was unconscious when he uttered this statement due to extreme anger, in a way that he did not know what he said, then in this case his divorce does not take place. As regards mere anger, then it does not prevent divorce from taking place as long as the husband uttered divorce while being conscious and aware of what he says. For more benefit, please refer to Fataawa 83467 and 82541.

Allaah Knows best.