Does Saying “I Will Marry Someone Else” Without Intending to Divorce Result in Divorce?

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Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

My question is that during a heated argument, I told my wife, “I will marry someone else,” without intending immediate divorce. Does this imply a valid divorce in Islam? As far as I know, my intention was not to divorce her at the present moment but in the future (In a few months or days).

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

The above statement does not imply divorce, nor was it your intention, as you mentioned.

Allusive and Non-Allusive Words

Divorce is of two types:

  • Direct statements that are clear and plain words (sarih)
  • Indirect statements that are allusive words (kinaya)

Sarih (clear) means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced,” etc. Kinaya (allusive) means using words that are not exclusively prescribed for issuing divorce but allude and hint at it.

Clear and plain words affect divorce whether one intends to divorce by them or not, while allusive words do not affect it unless one intends to divorce by them or it is determined by the circumstance one is in. [Ibn ‘Abidin, Radd al-Muhtar]

Avoid Making These Types of Statements

Divorce is serious and should only be pursued after consulting with a scholarly authority. Many individuals hastily mention divorce, leading to troubled situations for themselves and their families by not adhering to clear Islamic guidelines.

The Messenger of Allah (Allah bless him and give him peace) encouraged us to speak well, saying: “Whoever believes in Allah and the Last Day, let him say what is good or remain silent” [Bukhari].

Review the Obligations of Marriage

Both of you should review your obligations within the marriage and agree on a plan for conflict resolution. You may also take a free course on Islamic marriage with us. May Allah (Most High) create happiness and harmony in your marriage, Amin.

I encourage you to explore the valuable answers and resources linked below for further guidance in sha’ Allah.

May Allah guide us all to the best in this world and the Next.

Related

Courses on Marriage

Why not start your journey of knowledge by enrolling in a course on SeekersGuidance? For example, you could take Keys to Successful Muslim Marriages from the Islamic Studies Curriculum and progress through each course.

I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.

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