Question

Assalaam o Alaikum,

I would like guidance and answers to the following questions please

I was having an argument with my husband during which I said something bad to him.

He told me that if I say the same thing ever again then I should consider myself free from him (he confirmed later that by this he meant divorced).

I repeated the sentence straight away in an interrogative(question) form, as if checking with him if that was the sentence which he was prohibiting me to say. He replied confirming that it was the sentence that he was prohibiting.

However, I did not say it with the intention of checking with him even though i put it to him as a question. Infact, I said it to show him that I was not scared of his threat and I was able to repeat it.
However, I was Not Sure whether or not a divorce could take place by repeating it. Had I known that this is possible, I would not have repeated it. My intention was not to cause a divorce but simple to show him that I am not afraid of his threats.

After this incidence we both asked local imams/mufti’s whether a divorce might have taken place. We were told that it hasn’t taken place because I was just asking a question regardless if the intention was not that of a question.

I have the following questions.

1. Am I divorced?

2.If I am not divorced but I want to end the marriage because I am not happy with the attitude of my husband, then what are my options to end the marriage?

3. If I file a civil case in the UK civil court and the court decides to end the marriage, will this be considered as the Khul’?

Much appreciated
JazakAllahu Khairan

Answer

Based on our understanding of the scenario in question it seems that a divorce will have taken place. The reason being that your husband made divorce conditional upon you saying a particular sentence and you said that exact sentence with the intention of showing him that you are not scared. Hence, even though you formulated it as a question as you uttered the sentence which was a condition for divorce, one divorce will take place.

There are differing opinions amongst scholars regarding the impact of a civil divorce on an Islamic marriage. According to our opinion a civil divorce will not result in an Islamic divorce.

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 352)
وفيها) كلها (تنحل) أي تبطل (اليمين) ببطلان التعليق (إذا وجد الشرط مرة إلا في كلما فإنه ينحل بعد الثلاث
قوله أي تبطل اليمين) أي تنتهي وتتم، وإذا تمت حنث فلا يتصور الحنث ثانيا إلا بيمين أخرى لأنها غير مقتضية للعموم والتكرار لغة نهر (قوله ببطلان التعليق) فيه أن اليمين هنا هي التعليق

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel