Islam leaves the way to divorce open in special circumstances but always discourages it; the Shariah calls talaq the most disliked of permitted things. The Prophet (peace be upon him) said that of all permitted things none is more hateful to Allah than divorce (Abu Dawud, hadith 2177).
Ittefaq set out a reader's question on the matter. His wife is at her parents' home, there is a quarrel with her family and they have said they will not send her back. Talking to a well-wisher, he said that if his wife came to him, alhamdulillah, and if she sided with her parents he would say 'go' or something like it; he no longer remembers exactly what he said, and he is worried that this has ended his marriage.
The jurists' view is that in the case described he did not address his wife directly; he spoke to someone else about something he might say, and he does not remember the words for certain. Such vague talk does not count as a divorce.
For talaq to take place there must be an explicit word of divorce, or an indirect (kinaya) expression said to the wife with the intention of divorce. Divorce is not established on the basis of doubt, guesswork or a hazy memory.
A well-established principle of Hanafi fiqh is that what is certain is not removed by doubt. The marriage is certainly established, so it cannot be treated as broken on the strength of doubt, unclear memory or waswasa. On the facts given, no divorce has fallen on his wife.
The jurists advise, however, avoiding words or hints about divorce in future: said in anger or emotion, they often cause needless anxiety.
Photo: The Quran, Habib M'henni / Wikimedia Commons (public domain)
Source: Ittefaq
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