Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
Islamic law states that divorce (Talaq) is only valid within the framework of an existing marriage. Therefore, any conditional threat of divorce made before Nikah does not count. It is viewed as an emotional or angry statement rather than a legal act.
Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
I understand your concern and want to address it.
First, consider whether this person is truly ready for a strong marriage. If they’re emotionally immature now, they’ll likely face challenges in married life later.
Regarding the issue, remember that divorce is not possible before the marriage. Islamic law has specific rules for marriage and divorce. Your fiancé’s words are more of a threat than an actual intention to divorce. Scholars agree that such comments express anger, not a genuine desire to end the marriage.
We should never take Allah’s sacred laws lightly. Threatening divorce in anger has no legal weight in Islam, so no divorce will occur based on those words before the Nikah.
It’s essential to have a calm conversation with him, discussing your concerns and seeking clarity on the situation. A marriage should be built on mutual respect, understanding, and emotional maturity.
The topic is discussed further in these fatwas:
- Are Emotional Abuse and Neglect Valid Grounds for Divorce?
- What Are the Procedure and Rulings of Divorce?
- Valid Reasons for Divorce in Islam
- Does Legal Divorce End Marriage?
- Can a Conditional Divorce Be Revoked in Islam?
- Triple Divorce in Islam
- Conditional Divorce: Valid?
- Doubts about Conditional Divorce in Islam
Almighty Allah knows best.