❖ Sharʿī Ruling on Verbal Divorce – In Light of Fatāwā Muḥammadiyyah
Source: Fatāwā Muḥammadiyyah, Volume 1, Page 842
❖ Question:
Mr. Noor Samand, son of Nawab, of the Bhatti tribe, resident of Goth Haji Shah Araeen, Tehsil Mora, District Nawabshah, submits the following query:
My biological daughter, Miss Me'raaj Bibi, was married approximately a year ago to Muhammad Ali, son of Anwar, of the Bhatti tribe, resident of Goth Haji Shah Muhammad Araeen, Tehsil Mora, District Nawabshah.
Miss Me'raaj Bibi lived with her husband for nearly three months and fulfilled the rights of marriage.
However, during their married life, disputes arose between the couple. The husband, Muhammad Ali, was of wayward character, addicted to intoxicants, and would often beat his wife. Me'raaj Bibi continued to live in her husband's home under extreme hardship and suffering.
Eventually, Muhammad Ali, in the presence of witnesses, pronounced divorce verbally three times, saying:
“You are ḥarām upon me.”
He then expelled her from his home permanently. Nine months have passed since this incident, and no reconciliation has taken place. Although attempts at reconciliation were made, they proved unsuccessful.
Now the question is:
Has divorce taken effect according to Sharīʿah due to the above-mentioned circumstances or not?
We request a Sharʿī ruling. In case of falsehood, the questioner accepts full responsibility.
❖ Endorsements:
We fully attest that the question presented above is entirely truthful and accurate. If proven false, we hold ourselves accountable. Kindly issue a Sharʿī fatwā.
➊ Maulvi Noor Muhammad, son of Suleman, Bhatti tribe, Moza Jan Goth
➋ Ghulam Qadir, son of Suleman, Bhatti tribe, Thatha Muqaddar Ka, Tehsil and District Okara
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Amā baʿd:
In the presented case — if the details and statements are accurate — then just as written divorce is valid in Sharīʿah, verbal divorce also takes effect.
There is no difference of opinion on this matter, since in the early days of Islam, both marriage and divorce were commonly conducted verbally, as the Arabs were generally unfamiliar with reading and writing.
❖ Supporting Ḥadīth from Ibn ʿUmar رضي الله عنهما:
عن ابن عمر رضي الله عنهما، عن النبي صلى الله عليه وسلم أنه قال:
“إِنَّا أُمَّةٌ أُمِّيَّةٌ، لَا نَكْتُبُ وَلَا نَحْسُبُ”
(Saḥīḥ al-Bukhārī, Vol. 1, p. 252, Bāb Qawl an-Nabī: Lā Naktub wa Lā Naḥsib)
“We are an unlettered nation; we neither write nor calculate.”
Thus, verbal forms of marriage and divorce have been practiced since the advent of Islam.
❖ Evidence for Both Written and Verbal Divorce:
عَنْ أَبِي هُرَيْرَةَ رضي الله عنه، عَنِ النَّبِيِّ ﷺ قَالَ:
“إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ”
Qatādah said: “If a man intends divorce in his heart, it has no effect.”
(Saḥīḥ al-Bukhārī, Vol. 2, p. 794, Bāb al-Ṭalāq fī al-Ighlāq wa al-Karh wa al-Sukrān etc.)
This ḥadīth establishes two major rulings:
➊ Proof for Written Divorce:
If a person gives divorce in writing, then the divorce takes effect — even if he does not utter the words verbally — as understood from the words “ما لم تعمل” ("until he acts upon it").
Ḥāfiẓ Ibn Ḥajar رحمه الله writes:
"واستدل به على أن من كتب الطلاق طلقت امرأته؛ لأنه عزم بقلبه وعمل بكتابته، وهو قول الجمهور.”
( Fatḥ al-Bārī, Vol. 9, p. 345 )
“From this ḥadīth, it is derived that if a man writes a divorce, it takes effect because he resolved it in his heart and acted upon it by writing. This is the view of the majority of scholars.”
➋ Proof for Verbal Divorce:
Just like written divorce, verbal divorce also takes effect, as indicated by the words “أو تتكلم” ("or until he speaks").
Imām al-Tirmidhī رحمه الله said:
“هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ، وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَهْلِ الْعِلْمِ، أَنَّ الرَّجُلَ إِذَا حَدَّثَ نَفْسَهُ بِالطَّلَاقِ لَمْ يَكُنْ شَيْءٌ حَتَّى يَتَكَلَّمَ بِهِ.”
(Jāmiʿ at-Tirmidhī with Tuḥfat al-Aḥwadhī, Vol. 2, p. 415)
“This ḥadīth is ḥasan ṣaḥīḥ. The scholars agree that if a man merely thinks about divorce, it has no effect until he speaks it verbally.”
❖ Statement of Imām al-Shawkānī رحمه الله:
“If a man intends divorce in his heart but does not pronounce it, then it is not considered a valid divorce, because inner thoughts are not accountable.”
(Nayl al-Awṭār, Vol. 6, p. 6)
❖ Clarification by Imām Ibn Rushd al-Qurṭubī رحمه الله:
“The Muslim Ummah has consensus that divorce becomes effective with explicit wording, and whoever requires intention along with explicit words is following the outward legal evidences.”
(Bidāyah al-Mujtahid, Vol. 2, p. 55)
❖ Views of Other Senior Scholars:
❀ Shaykh al-Islām Nadhīr Ḥusayn Muhaddith Dihlawī رحمه الله also held the opinion that verbal divorce is valid.
(Fatāwā Nadhīriyyah, Vol. 3, p. 73)
❀ Mufti Muḥammad Shafīʿ رحمه الله of Karachi also issued a similar fatwā.
(Fatāwā Dār al-ʿUlūm Deoband, Vol. 2, p. 633)
Verdict:
Based on the authentic ḥadīths and the consensus of the majority of scholars — if the report is accurate — Miss Me'raaj Bibi, daughter of Noor Samand Bhatti, resident of Goth Haji Shah Muhammad, District Nawabshah, has received a revocable (rajʿī) divorce.
Since nine months have passed since the divorce, the ʿiddah period has ended, and therefore the marriage has legally terminated.
Thus, based on the authenticity of the statement and event, the nikāḥ is Islamically nullified.
The Muftī is not responsible for any legal shortcomings. Confirmation from a competent court is necessary.
هٰذا ما عندي، والله أعلم بالصواب
