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Doubts in issuing a divorce

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Doubts in issuing a divorce

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There is a principle in Islamic jurisprudence which is:

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

Therefore if one was doubtful and uncertain of issuing a divorce then such a doubt will not invalidate one’s marriage, as the certainty of marriage will not be lifted by the doubt of issuing a divorce.

With regards to your question if you have a doubt whether divorce has been occurred or not, then the divorce will not occur. Similarly, by saying “ I d…” would not execute a divorce.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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