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Issuing Talaaq in the mind

Q. My Husband and I were having an argument so left the room because the situation was getting a bit intense. Later on, we apologized to each other. My husband then informed me that after I had left the room, he had told himself in his mind that he has divorced me. Am I divorced? He said that he did not verbally say the words but he had strongly thought of it in his mind.

(There may be grammatical and spelling errors in the above question. Questions are published as received)

A. If your husband did not verbally utter the words that he has divorced you, nor did he write it, no Talaaq (divorce) has taken place. Hence, your Nikah is still valid. For Talaaq to be effective, the husband has to pronounce or write the words that constitute Talaaq.

NB. Since Talaaq (divorce) is a very sensitive issue, it is extremely important that one always consults with a reliable scholar and when querying about the divorce. The exact scenario should be described to the Alim/Mufti/Sheikh. In most cases, the rulings of Talaaq are not standard and the ruling may differ from situation to situation. It is therefore imperative that both husband and wife jointly relate the case with precise details to the local Jamiat or regional Alim/Mufti for a ruling in the event of a divorce being issued.

And Allah Knows Best

Mufti Suhail Tarmahomed

Confirmation:

Mufti Ebrahim Desai

Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians

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