Misgivings from Shaytaan regarding divorce

Salam,

I have been married for 3 months but there has not been any rukhsati yet. We spent a few minutes alone and I have spent time outside with my wife; we have touched each other/kissed. So would there be an iddat in case of talaq?

Secondly, I have a lot of talaq waswassas in my head. One time my wife’s name came out of my mouth and I said “main tumay talaq dey” but I did not say talaq dey di or deta hun. And of course there is no intention of divorce. Also later I murmured my wife’s name and “dey di” part in heavy breathing but the only thing I clearly said was the word talaq, without any intention. Also later I said with my tongue “talaq dey di apni biwi ko” thinking of someone in general that gave divorce to his wife but not my wife. Does all that constitute divorce? Please let me know ASAP.

 بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Seclusion (khalwah) during marriage is tantamount to consummation. Therefore, ‘iddah would be necessary in case of a divorce. However, since your case involves wasawasah or misgivings, there are a few points to keep in mind in order to determine whether or not a talaq has occurred:

1. a) Did you verbally articulate the words of talaq?

It is necessary for the words of talaq to be articulated verbally. If  you only imagined talaq and nothing was articulated, then there will be no talaq.

1. b) To whom did you address those words to or who was intended?

It is necessary to either address one’s spouse explicitly or intend her while articulating the words of talaq. If you uttered the words of talaq, but did not address your wife nor think of her when saying those words, then there will be no talaq.

In the cases where a talaq has occurred your wife will also have to spend the legally binding ‘iddah (waiting period) of three full menstrual cycles from the time talaq was given.

والله اعلم

Allah subhanahu wa ta’ala knows best.

Mufti Abdulmannan Mulla

Approved by Mufti Husain Ahmad Madani