Question Summary:
If I said “Its over…” to my wife, does it constitute a divorce [talaq]?

Question Detail:

Salaam, One night me and my wife had a dispute over something small and fell asleep thinking its nothing big. The next day she was upset so I apologised and was hoping it will be all forgotten but for some reason she was still being very stubborn and upset with me. After a while I got angry and my wife realised so she approcahed me to apologise but because I got angry I didn't want to listen and in anger i said to my wife "it's over" it's not going to work" "i'm going to call your family and complain about you" Will that affect our marriage? I don't remember saying it intentionally but just to scare my wife as she was being very stubborn about something small. I never made intention to divorce my wife but i recently heard that if you say stuff like that it could also lead to divorce? Please advise me further.... Jazak'Allah Khair,

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If you did not have an intention to divorce, then your statement “Its over, its not going to work, I'm going to call your family and complain about you” does not consitute a divorce. [i]
Mufti Sohail ibn Arif,
Assistant Mufti, Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
 
الفصل الخامس في الكنايات) لا يقع بها الطلاق إلا بالنية أو بدلالة حال كذا في الجوهرة النيرة) [i]
الفتاوى الهندية، ١/ ٣٧٤