Does Saying “I’m Done With You” Constitute a Divorce?

Fatwa ID: 03966

Answered by: Mufti Mohammed Tosir Miah

 

Question

In an argument with the wife, I uttered the words – “I'm done with you, I'm done with this relationship, go back to your parents.” I uttered these words multiple times. At the time, in anger, my intention was to scare her but the thought of divorce did cross my mind. I can remember thinking that maybe a divorce wouldn't be a bad idea. I would definitely have used the term 'divorce' had I explicitly intended for it. Of course, I regret the whole situation now. Can you please provide an answer regarding this?

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

The aforementioned words are considered to be Kinaya words.

 

Kinaya means using words that are not normally used for divorce but rather hints towards divorce. Divorce will not take place unless you intended it.[1]

 

If at the time of saying these words you did intend divorce, then one talaaq bain would take place. If you want to stay in the marriage, then you will have to redo the nikah in the presence of two witnesses.[2]

 

Only Allah knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Hidaya v.2 p.373 & Fatawa Hindiya v.1 p.374

 

[2] Hidaya v2 p374

 

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