Have I Unintentionally Divorced My Wife?

Answered by Mawlana Ilyas Patel

Question

A few months ago, during a fight with my wife, I experienced whispers of divorce and decided to renew our Nikah. While explaining to a friend, I accidentally referred to my wife as “previous” and immediately corrected myself. I’m now unsure if this counts as a divorce since I don’t know my exact intention at the time. Is this considered a valid divorce? I am struggling with waswasa about this.

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 divorce will not place. You had no intention. Just consider this a doubt.

The divorce did not take place. You were just sharing your thoughts with your friend.  Keep yourself engaged, and be positive; as you mentioned, you have a happy marriage. Allah keep you both happy, in good faith, doing good works, and bless you with healthy and righteous children.

The legal maxim is that “Mere possibilities are of no consequence.”  That is, legal rulings are not based on mere possibilities that are not backed up by reasonable surety or certainty.

[Ibn Nujaym, al-Ashbah wa al-Nadha’ir]

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

• Why Marriage Contracts & Agreements Matter Seminar by Shaykh Faraz Rabbani
• Devil’s Tricks – The Path of Muhammad: Birgivi’s Manual of Taqwa Explained – Sh Faraz Rabbani – YouTube
• A Reader on OCD and Waswasa (Baseless Misgivings) (seekers.flywheelstaging.com)

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekers.flywheelstaging.com), like from the Islamic Studies Curriculum (seekers.flywheelstaging.com), building your way up doing 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.