❖ The Shariah Ruling on Threatening Divorce and Its Link to Intention ❖
Source: Fatawa Ulama-e-Hadith, Volume 09
Case Summary
After a dispute between Bilal and Abid, Bilal threatened his wife that he would divorce her if she went to Abid’s house. Bilal is uncertain whether he took an oath or not, and the witnesses present are also unsure of the exact wording. The question is: What is the Shariah ruling in such a situation? And does the divorce take effect if the condition is fulfilled?✔ Summary of the Ruling
❖ According to Islamic Shariah, involving divorce in domestic disputes and issuing threats over trivial matters is a reprehensible act.The Prophet Muhammad (ﷺ) strongly warned against the casual use of divorce. Therefore, Muslims should avoid uttering the words of divorce recklessly.
✿ Divorce Conditioned by an Oath and the Role of Intention
➤ If someone conditions divorce upon a specific action—as Bilal did—then intention plays a pivotal role.➤ If the statement was made with the intention of actual divorce, and the condition is fulfilled, then divorce will take place.
➤ However, if the intention was not to issue a divorce, but merely to prevent or intimidate, it will be treated as an oath, and upon the condition being fulfilled, no divorce occurs—only expiation for breaking an oath (kaffarah) is required.
✦ Opinion of Shaykh Ibn ʿUthaymīn (رحمه الله)
If divorce is used in the form of an oath—to deter or emphasize an act—then its ruling is like that of an oath. If broken, kaffarah is obligatory.✦ Fatwa of the Lajnah Dāʾimah
If someone threatens divorce without the intention of actual divorce, merely to compel his wife or prevent her from doing something, then no divorce occurs. However, kaffarah for breaking the oath is due.But, if there was genuine intent to divorce, and the condition is fulfilled, one divorce becomes effective.
✔ Conclusion
In Bilal’s case:➤ If his intention was not to divorce, but rather to stop his wife from going to Abid’s house, then no divorce takes place, and upon fulfillment of the condition, he must offer kaffarah.
➤ However, if he intended an actual divorce and the condition is met, then one divorce is effected.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
