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The mere thought of divorce does not constitute divorce

Answered according to Hanafi Fiqh by Askimam.org

      A month back when I was riding on a bike, an unitentional thought of divorce (single time) ran on my mind but I didn’t acted or uttered a word but at that time out of fear, I immediately made a ruju with my wife by kissing on her foreheard with an intention of the same. But when I started reading books on Islam and browsing your articles, I came to know that mere imagining things in mind or heart doesn’t constitute a divorce.

        Alhamdulilah after that situation I got relieved but couple of days back I got a feeling whether I enforced that divorce on myself by doing a ruju, does that divorce happened or not. Never in my wildest thought I can imagine living without my wife.

       Can you explain what exactly enforcing things on onself and in my case did I issue a single divorce or not by doing a ruju of a talaq which is not valid according to Shariah law. That situation proved to be a turning point of my spiritual journey and I started seeing every thing according to what is right in front of Allah.

Answer

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

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

The mere thought of divorce does not constitute divorce .[1]

The ruju you made was futile with no implications.

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/


[1] حاشية الطحطاوي على مراقي الفلاح شرح نور الإيضاح (ص: 219)

لو أجرى الطلاق على قلبه وحرك لسانه من غير تلفظ يسمع لا يقع

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

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