Assalamualaikum Warahmatullah
My husband was bay‘t with a peer who made my husband perform non-Shar‘ai acts and forbade him to follow the obligatory and mandatory actions of the Islamic Shari‘ah. I was unaware of these details at the time when I got married to him. I expressed my concern to my husband about this peer being a bad influence. After I came to Canada to start living with my husband, that peer started telling him that since he (my husband) is such a sinner he should stop living with a girl like me and asked him to drop me off to my parents. He also told my husband that due to his sins his ba‘yt with him had become annulled. After that my husband continued to cry all the time stating how sinful he is, he stated things such as, “I see snakes in my dreams”, “I have been destined to go to jahannam”, “I see in my dreams that we have been divorced” etc. He used to tell me that we will be divorced, or he will lose his job according to his dreams, and it so happened that he did lose his job. Then we came to our in-laws’ house and he also got checked by doctors who said that he is going through severe depression and mental issues, the doctors started treating him for this situation. He started getting suicidal thoughts and then he left me alone with his parents and went to Toronto by himself. I lived there for a while and then requested my father in law for help who sent me to Toronto. When I reached there, my husband got really mad at me but then our life became normal. Just after 15 days, he started saying things like “your signals are too strong”, “you are controlling my mind” and that “you should sleep separately.” This went on for around 2 years, and he kept on thinking that I am controlling her mind or others are controlling his mind, when there was no reality in all of this. The very next day, he started saying, “your mental signals are very strong, I can’t withstand them, leave, go anywhere you like, I cannot live like that, I want to live alone.” At that point, I left and started leaving with my relatives. A few days later when I came back to my in-laws’ house, my sister in law told me that my husband had called her and informed her that we have been divorced. When I contacted my husband and inquired about it, he said that he made no such statement, rather he said he may have said “maybe divorce will happen”. Please guide me regarding this situation if our divorce has taken place or not.
Walaikumassalam Warahmatullahi Wabarakatuhu
الجواب وباللہ التوفیق
In the matter of issuance or non-issuance of divorce, if there is suspicion and no surety, then from a Shar‘ai standpoint, divorce will not be considered officiated. Therefore, the husband should be inquired to think hard, try to remember (with the fear and majesty of Allah Subhanahu Wa Ta‘ala in mind) and tell the truth. If there is a stronge belief regarding uttering the words for issuance of divorce, then the divorce will be considered valid.
You should provide those words in order to get an exact ruling in that situation. If however, such a stronge belief is not there and there is still suspicion, then the divorce will not take effect.
منہا: شک ہل طلق أم لا لم یقع۔ (الأشباہ قدیم مطبع دارالعلوم دیوبندص ۱۰۸، جدید زکریا ۱/۱۹۶)
عدم الشک من الزوج في الطلاق وہو شرط الحکم بوقوع الطلاق حتی لو شک فیہ لا یحکم بوقوعہ۔
(بدائع الصنائع، کتاب الطلاق، فصل في الرسالۃ قدیم۳/۱۲۶، زکریاجدید ۳/۱۹۹)
فقط واللہ اعلم بالصواب