Fatwa: # 19546
Category: Divorce
Country: Pakistan
Date: 5th November 2011

Title

I have giving my wife three divorces sarcastically without any intention. Does the divorce take place?

Question

My nikkāh was performed on the 27th of last Ramadan, but my wife is still with her parents and she will move with me on the 15th of November. We have not yet consummated till now.

Last night I was talking to her on my mobile phone. An argument arose and she said the word divorce in a sentence. The sentence was like this, “Say if you are lying then I will be divorced” [Pertinent to mention that she had said this unintentionally]. Hearing this I got agitated and responded like this; “What is this? Do you think this divorce thing is a joke?” Afterwards I uttered the divorce word thrice as a stereotype/sarcastically/ironically/ [As people mostly repeat words in sarcasm in our culture] with no intention in my mind whatsoever the whole time of giving divorce to my wife. [I was not even thinking about my wife rather thinking about the discussion we were having. Furthermore, I never addressed my wife directly as “I divorce you” anytime, I just repeated the “divorce” word thrice.

We both have no damaging differences and are quite satisfied with each other and proudly love each other.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

In order for us to issue a ruling, please clarify the following statement:

 

What is meant by “Afterwards”? Were you still on the phone when you uttered the word “divorce” three times, or was this said after hanging up the phone?

 

Please clarify your question and send your query to : admin@daruliftaa.net

 

And Allah Ta’āla Knows Best

Mawlana Abdul Hannan Nizami,
Student Darul Iftaa
USA

Checked and Approved by,
Mufti Husain Kadodia.
www.daruliftaa.net

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