Ruling on Concealed Divorce (Intent in the Heart or Whispered Words)

Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.

Question:​

I am a married man with four children. My wife and I have no disagreements. One day, I thought to myself, “How do people give divorce?” I then said in my heart, mentioning my wife’s name, “I divorce you.” No one, including my wife, heard these words. In this situation, does divorce take effect?

Answer:​

1. Avoidance of Unnecessary Thoughts:
   It is necessary for a person to refrain from dwelling on such thoughts and to avoid pondering over issues like divorce unnecessarily. This is because such thoughts can open the door for Satan to influence a person and cause unnecessary anxiety.
2. Intent in the Heart Without Uttering the Words:
   
   • If you merely thought about divorce or said the words in your heart without uttering them aloud, then no divorce takes effect, and nothing is binding upon you.
   • This is because divorce in Islam requires clear verbal articulation or an actionable declaration. Thoughts alone are not sufficient to enact divorce. Allah has forgiven this Ummah for the whispers and thoughts that arise in their hearts as long as they do not act upon them or speak them aloud.
3. Uttering Divorce Words, Even in a Whisper:
   
   • If you verbalized the words of divorce, even in a low voice audible only to yourself, and your tongue moved to articulate the words, then divorce does take effect.
   • It does not matter if your wife or anyone else heard the words; the act of verbalizing the divorce is sufficient for it to be valid.
4. Key Principle:
   
   • As long as the divorce remains a thought or intention in the heart without verbalization, it holds no effect.
   • If the divorce words are spoken, even quietly, and the tongue is used to articulate them, then the divorce is considered valid.

Evidence:​

Allah has said:

"Allah has pardoned this Ummah for the whispers that arise in their hearts as long as they do not act upon them or speak about them."
[Sahih al-Bukhari, Hadith 6664; Sahih Muslim, Hadith 127]

Conclusion:​

• If the divorce was only in your thoughts or intentions without being verbalized, no divorce takes effect, and nothing is binding upon you.
• However, if you uttered the words, even in a whisper, and your tongue moved to articulate them, divorce is considered valid, even if no one else heard it.