Download
0 / 0
1537314/05/2010

He said to his wife: If you check my mobile phone you are divorced

Question: 147954

I said to my wife: If you check my mobile phone you are divorced. I am worried that she will check my mobile phone. What is the solution?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If a man says to his
wife: If you check my mobile phone you are divorced, the basic principle
is that a revocable divorce (talaaq) takes place if she checks it, and it
is not possible to cancel that. He has to warn his wife against checking
the mobile phone lest divorce occur. If she does check it, one revocable
divorce occurs and he may take her back during the ‘iddah. 

See the answer to question
no. 105438

Some scholars are of the
view – with regard to this basic issue – that if the husband’s intention is
to prevent his wife doing something, and he does not intend to divorce, then
it comes under the ruling on oaths (yameen), so he has to offer expiation
for breaking an oath (kafaarat yameen) if she does that, and it does not
count as a divorce. This is the view favoured by Shaykh al-Islam Ibn
Taymiyah (may Allah have mercy on him) and a number of scholars, and it is
the more correct view. See the answer to question no.
82400

Each person knows his own
intention best, and Allah is watching over him, so it will not avail him
anything to deceive himself and claim that he did not intend to divorce at
the time he said it, if that was indeed his intention. 

And Allah knows best.

Source

Islam Q&A

Was this answer helpful?

at email

Our newsletter

To join our newsletter please add your email below

phone

IslamQA App

For a quick access to our content and offline browsing

download iosdownload android