Fatwa ID: 06705

Answered by: Alimah Zakiratul Hoque

Question:

I was joking around with my wife about a second marriage. She said: how will you please her in bed when you can’t please me? You last only 1 minute. I said: are you not ashamed to talk like this? She said: I can talk like this because it is my right (the right to get pleased sexually). I said in anger (without any intention of divorce, just to hurt her): get your right fulfilled by somebody else.

I immediately regretted what I said and I was unsure if my nikah is still valid. By searching on the internet, I think my nikah is still valid. But I wanted to ask myself. So is my nikah still valid? And also, for clarification: are these words considered to be allusive (kinaya)? I am asking the last question because arguments occur between husband and wife and not everything is intended to be about divorce or threats about divorce. It could be profanity or to hurt each other by saying the things I said.

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

Answer:

Kinaayah refers to those words which may be used in and out of the context of divorce (i.e., they are not exclusive to divorce but may hint at it) (Badai Al Sanai, Vol 4, Pg 281). ⁽¹⁾ When such words are used, the intention of the husband and the circumstances under which he uttered them would be considered (Fatawa Hindiyyah, Vol 1, Pg 410). ⁽²⁾

In the situation you described, as you did not intend divorce and were not discussing divorce, divorce did not take place.

⁽¹⁾

فهو كل لفظ يستعمل في الطلاق و يستعمل في غيره

⁽²⁾

الفصل الخامس في الكنايات : لا يقع بها الطلاق الا بالنية او بدلالة حال كذا في الجوهرة النبرة

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham