Fatwa No : 82542
The Ruling of Nikah in the Case of Doubt Concerning the Pronouncement of Talaq

The Ruling of Nikah in the Case of Doubt Concerning the Pronouncement of Talaq

My name is Muhammad Kashif, and I am a resident of Rawalpindi. I have been married for 4 years. Last month, there were some family issues. One day, I was alone and angry. I was thinking about divorce, but I don’t fully remember what happened. A few days later, the incident came to my mind again. Since then, I’ve been thinking and trying to recall exactly what happened that day when I was alone.Sometimes, I remember that I was just thinking and did not say anything. At other times, it seems I might have said something inappropriate, but I cannot recall the exact words. In fact, I’m not even sure whether I said the word "divorce" or said anything at all. I have spent several days trying to remember — maybe I said something, or maybe I didn't even utter a single word. In the end, I can’t ignore this thought because it’s possible that I said something, but I cannot remember the exact sentence with 100% certainty.Basically, I am in doubt. I do remember that my intention was only that my wife should stay at her parents' house for a few days until the issues were resolved. Please tell me: What is the status of my marriage? If nothing wrong has happened, how can I ignore this constant thought?

الجوابُ حامِدا ًو مُصلیِّا ً

If the questioner does not clearly remember his words and there is only doubt, with no strong inclination towards either side, then in such a case, mere doubt will not affect the validity of the marriage. Therefore, the questioner and his wife may continue to live together as husband and wife as before. However, in the future, it is essential to avoid using such words that may lead to unnecessary doubts and suspicions, which can disturb the peace of the household.

مأخَذُ الفَتوی

ففی الفتاوى الهندية: لا يقع عليها وعلى هذا إذا سمى بغير اسمها ولا نية له في طلاق امرأته فإن نوى طلاق امرأته اھ (1/ 358)۔
و في مراقي الفلاح: لو أجرى الطلاق على قلبه وحرك لسانه من غير تلفظ يسمع لا يقع وإن صحح الحروف اھ (ص: 125)۔
و في البحر الرائق: و في المحيط الأصل أنه متى وجدت النسبة وغير اسمها بغيره لا يقع اھ (3/ 273) -