Narrating a Divorce that Took Place in the Past Does Not Lead to a New Divorce

30-3-2023 | IslamWeb

Question:

Salam,My husband in a telephone conversation today referred to a past incident in which he has said “you are divorced”. So basically in the telephone conversation he said “I have in the past told you that you are divorced”. I’m This statement he was referring to the past incident but does the fact that he said “you are divorced” constitute a new divorce even though he was referring to the past?

---

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu`alayhi wa sallam, is His slave and Messenger.

Your husband saying to you: “You are divorced”, as a reference to a previous incident (“I told you previously that you are divorced”) does not count as a divorce because the narration of divorce is not a form of issuing it nor is it (divorce) intended from telling it. The intention is one of the pillars of divorce, and divorce does not take place unless the intention is achieved.

We point out that one should be keen on keeping the family cohesive and that the husband should not expose it to loss and separation due to divorce, especially if the spouses have been blessed with children.

Allah knows best.