Fatwa ID: 05135

Answered by: Maulana Naieem Mohammad

Question

A man sent a message to the Mufti Sahib stating: I’m giving my wife talaaq, please come see me. He said he had no intention of talaaq.  Does talaaq take place?

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

Answer:

The words that are used to accept that Talaaq has taken place are either past tense words or present tense words.[1] Future tense words will not be considered due to the action itself has not been completed at the time.

A person will not be accountable for something that he has not yet completed thus the Talaaq in this case has not taken place. The intentions of the husband will also be considered and he will be given the benefit of the doubt in this instance due to there being insufficient cause to validate a Talaaq.[2]

Only Allah knows best

Written by Maulana Naieem Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Badaai’ us Sanaai’ pg247 vol 4

[2] Qawaaid Fiqhiyya,pg 12,qaida # 1