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Does the statement “Oh Allah if You have Mercy, I will become a divorcee” constitute divorce?

Does saying the words “A Allah agar ap ne reham kia tu mai Talaqi ban jaonga” constitute divorce? Can there be any case that would constitute divorce for example if he says that Allah ki rehmat ya reham hai ya Allah ne reham kia or any other case? 

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

No, the conditional statement: “Oh Allah if You have Mercy, I will become a divorcee,” does not constitute divorce for the following two reasons:

1. The rukn (main element) of a divorce is the husband saying to the wife: “I divorce you”. In the conditional statement the husband is calling himself a divorcee which does not constitute a valid divorce. [i]

2. For a divorce to take effect, conditional or otherwise, it has to be stated in the past or present tense. The statement as mentioned in the inquiry is based on a future tense and as such does not constitute a divorce. [ii]

There are always ups and downs in a marriage and one should consider it his good fortune that Allah has provided him a spouse. Therefore, the husband should be very careful with his words as a slight deviation or change could easily constitute divorce.

Sohail ibn Arif,
Student Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.

 

وأما ركنه) فقوله: أنت طالق. ونحوه كذا في الكافي) [i]

الفتاوى الهندية، ١/ ٣٤٨

 

 [ii] في المحيط لو قال بالعربية أطلق لا يكون طلاقا إلا إذا غلب استعماله للحال فيكون طلاقا

المرجع السابق، ١/ ٣٨٤

 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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