Intention of giving divorce just to fear Wife and her family members

I want to ask if a husband without intention of giving divorce but just to fear his wife and her family members if he says that he will give divorce to his wife and if he mailed three times that he wants to give divorce,but didnt used the word "talaaq"

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

ASSALAAMUALYKUM.

I want to ask if a husband without intention of giving divorce but just to fear his wife and her family members if he says that he will give divorce to his wife and if he mailed three times that he wants to give divorce,but didnt used the word "talaaq" but just said that he will give divorce and end the relationship with his wife but his intention is not to give divorce, then what is this considered as,is this counted as divorce?please reply to this question as soon as possible,i will be thankfull to you. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Give Divorce without Intention

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final.)

A believer must be extremely careful when pronouncing talaaq or (English: divorce) to his wife, for whether it is said in jest or seriousness, in anger or in calmness, with intention or without intention, it will be treated as a legal divorce in the Sight of Islamic Law and of Allah Subhanah!

Your Question: I want to ask if a husband without intention of giving divorce but just to fear his wife and her family members if he says that he will give divorce to his wife and if he mailed three times that he wants to give divorce,but didnt used the word "talaaq" but just said that he will give divorce and end the relationship with his wife but his intention is not to give divorce, then what is this considered as,is this counted as divorce?

Firstly, it is not necessary that one has to use the Arabic terminology of talaaq; if the husband says or writes to his wife the term which means I divorce you in any language, it would constitute a legal divorce in the Sight of Islamic Law and of Allah Subhanah.

Marriage and divorce in Islam will not be evaluated by what are the real intentions of the person, but rather by what is declared. Just imagine the chaos and disruption to society if one were to go through the whole process of marriage and later say to the girl My intentions were not to marry you!!! Similarly, when a husband pronounces a divorce to his wife by saying I divorce you, regardless of his intentions, it will constitute as a legal divorce in the Sight of Islamic Law.

In your particular case, if your husband simply declared or mailed I will divorce you, regardless of whatever were his intentions, it would NOT constitute a divorce; because he did not give or put a condition after will., it will only mean that he reminded you of his right to pronounce divorce.

But if a husband were to declare to his wife: I will divorce you IF you go to Japan, or I will divorce you IF you meet so-and-so again, or I will divorce you IF you wear a particular dress or puts any condition whatsoever to the divorce, it would be what is known in Islamic Jurisprudence and Fiqh as talaaq-muallag or a hanging divorce. If the wife were to fulfill that condition by ever going to Japan, or ever meeting so-and-so again, or by ever wearing that particular dress, etc., it would immediately constitute as one pronouncement of divorce.

Although possible, it is highly unlikely that a man would simply remind his wife and her family of his right of divorce without putting or giving a condition when he declares I will divorce you!. As your brothers and sincere well-wishers in faith, we urge in the effort for safety, to either ask your husband or try to remember if he said or wrote I will divorce you if you do so and so.; for then it would constitute a hanging divorce, and were you ever to fulfill that condition, a divorce would legally be established.

We reiterate again that Allah has entrusted the ties of marriage in the hands of the believers; the believers must fear Allah and honor this trust given to them by their Lord, and be extremely careful when pronouncing this term of divorce to their wives for it may have absolutely severe and dire consequences on the legality of their marriage.

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.