Is This Considered a Valid Divorce?

Answered by Shaykh Irshaad Sedick

Question 

Is this conversation considered a divorce?

My husband said, “It’s only a divorce if I say, ‘I divorce you, I divorce you, I divorce you,’ three times.” I’m worried that our marriage has ended because he said it three times, and I feel like leaving. Is it a sin if I leave him?

Answer

In the Name of Allah, the Most Merciful and Compassionate. May Allah guide our hearts, tongues, and deeds to that which perpetually pleases Him.

Based on your description, no divorce has occurred. Your husband said, “It’s only a divorce if I say….” This format of speech is like that of a teacher explaining what constitutes divorce to a student. Though, in this example, the lesson is incorrect. Divorce would be valid with merely one pronouncement.

Plain Words of Divorce

The words that effect a divorce may be plain or allusive. Plain words effect divorce whether one intends it or not, while allusive words do not effect it unless one intends divorce thereby.

Using plain words to effect a divorce means expressly pronouncing the word divorce (in any language) or terms derived from it. When the husband says: “I divorce you” or “You are divorced,” the wife is immediately divorced whether he has made the intention or not.

Here and in the rulings below, expressions such as “the wife is divorced” or “the divorce is effected” mean just one of the three times necessary to finalize it, unless the husband intends a two or threefold divorce or repeats the words three times.

When a husband is asked, “Have you divorced your wife?” and he says “Yes,” then she is divorced even if he does not intend it. [Keller, Reliance of the Traveler]

Allusive Words of Divorce

Using allusive words to effect a divorce includes:

(1) the husband’s saying, “You are now alone,” “You are free,” “You are separated,” “You are parted,” “You are no longer lawful to me,” “Rejoin your kin,” “You are footloose,” and the like.

(2) his saying, “I am divorced from you.”

(3) or when he commissions the wife to pronounce the divorce, and she says, “You are divorced.”

(4) when someone asks the husband. “Do you have a wife?” and he says, “No.”

(5) or when the husband writes words that effect the divorce, whether able or unable to speak at the time of writing, whether he is present or absent, or whether he writes in plain or allusive words.

When one intends divorce by any of the above, the words effect it, but if one does not, they do not. [ibid.]

I pray this is of benefit and that Allah guides us all.

[Shaykh] Irshaad Sedick

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan. 

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. He served as the resident Imam of Masjid al-Munowar in Retreat, Cape Town, for several years.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.