Important Clarifications Regarding Marriage, Divorce, and Invalid Marital Contracts
15-2-2026 | IslamWeb
Question:
I married in mid 2023 a woman who was not a believer, through a remote verbal Niqah with an Imam and two witnesses. 6 months later, I decided not to continue, I spent two months not communicating and then sent text messages writing: "I want you to feel fully released and fully free to move on with your life." There has been no communication since then for 2 years, maybe she remarried. My intention with Allah was to divorce but I didn't pronounce the word of "divorce". Are we divorced now?
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 (
) is His Slave and Messenger.
We advise you to present this question directly to a qualified scholar or to consult one of the Islamic centers, as the matter mentioned in your question contains issues that require further clarification. It is not possible to provide a specific ruling due to the lack of clarity. However, we can offer the following general guidance:
First: It is not permissible for a Muslim man to marry except a Muslim woman or a woman from the People of the Book (a Jew or a Christian). If she is from one of these categories, and her guardian conducts the marriage in the presence of witnesses, then the marriage is valid. If it takes place without the permission of her guardian, then the marriage is invalid according to the majority of jurists, while some scholars hold that it is valid.
The guardian who conducts the marriage of a woman from the People of the Book is her guardian from among her own religion. If none is available, then according to some scholars, their bishops may conduct her marriage. Others hold that she should be married by a Muslim judge or his representative.
Second: An invalid marriage carries some of the legal consequences of a valid marriage. Thus, according to the majority of jurists, separation in such a case requires divorce. Some scholars, however, are of the view that divorce is not required. Thus, this issue is also subject to scholarly disagreement.
Third: It is prohibited to marry a polytheist or an atheist woman. If such a marriage occurs, it is considered void by agreement of the jurists and does not require divorce.
Fourth: With regard to conducting a marriage contract through modern means of communication, the International Islamic Fiqh Academy has ruled that it is invalid. Some contemporary scholars, however, consider it valid.
Fifth: Divorce does not occur merely by intention unless the husband pronounces it. If he uses clear and explicit words, such as “You are divorced,” then divorce takes effect even if he did not intend it. However, if he uses indirect wording that may imply divorce or something else, such as “You are free,” then divorce takes effect only if he intended it.
Lastly, we emphasize that matters related to marital relations are serious and require caution. A Muslim must consult scholars regarding the religious ruling before taking action. Allah, the Most High, Says: {So ask the people of knowledge if you do not know} [Quran 6:43]
Allah Knows best