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Wednesday, June 29, 2011

Islam Question and Answer - He divorced his wife before consummating the marriage and he does not know what he said because he was so angry

He divorced his wife before consummating the marriage and he does not know what he said because he was so angry
I did a shar‘i marriage contract with a woman and registered it with the authorities, and I have not consummated marriage with her yet, because I am waiting for official procedures to get the visa so that she can come and join me. We had an argument on the phone, and I lost my reason and I did not know what I was saying, to the extent that I said the words “You are divorced (talaaq), you are divorced, you are divorced.” Then she alerted me by saying, “Fear Allah, fear Allah.” Then I came back to my senses. Does this count as divorce?.

 

Praise be to Allaah.

If a man does the shar‘i marriage contract
with a woman, then he divorces her, it counts as a divorce, whether he
consummated the marriage with her or not, and whether the marriage was
registered with the authorities or not. 

But if, as you say, you spoke the word of
divorce when you did not know what you were saying because of severe anger,
then it does not count as a divorce. 

We have previously discussed the issue of
divorce in a state of anger, and what counts as divorce and what does not in
such cases, in the answer to question number
45174. 

You should beware of using the word of
divorce (talaaq) and avoid it in all situations, especially since you are at
the beginning of your married life, because this is something which will
make the wife afraid and anxious, and it could lead to separation between
you in ways you do not want. 

We ask Allah to guide us and you. 

And Allah knows best.

 

Islam Q&A

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