If the Husband said “Iddah can start today”

CategoriesDivorce [687]Tagged , , , ,

Fatwa ID: 03616

Answered by: Maulana Belaal Ahmed

 

Question

What is ruling regarding the husband saying, "Iddah can start today"?

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

In the books of jurisprudence, the following matter is known as kinayah (indirect).

If a husband says to his wife that "Iddah can start today", one will have to see as to what was the intention of the husband when these words were uttered. If his intention was talaaq, then one talaaq will take place.

However, if the husband did not have the intention of talaq whilst uttering these words, then talaaq will not occur.

In such matters, one should be sincere with Allah as only he knows what was meant when these words were uttered.

 

References

Raddul Muhtar, pg 516 vol 4 (Darul Marifa print)

Fataawa Alam-Ghiri, pg 369 (Darul Ishat)

 

 

Only Allah knows best

Written by Maulana Belaal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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