Fatwa ID: 06478

 

Answered by: Maulana Mohammed Dilwar Hussain

 

Question:

 

I have this weird question in mind. Sometimes to search questions related to divorce on the internet we write statements in google such as “I divorced my wife” or “I divorced my wife in anger” or other such explicit statements. It’s absolutely not to issue a divorce to the wife but just to search relevant questions on the topic we just write such statements in google. Does this have any effect on our nikah?

 

 

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

 

Answer:

 

Uttering the words of Talaq (divorce) fall under two categories; Sareeh (clear wording) and Kinaya (vague wording).

 

If clear wording is used, such as “I divorce you” “you are divorced” or “I give you Talaq” whether they be said in person or not, via message, with witnesses present or not, etc. then this will cause talaq (divorce) to occur immediately. The wife will then need to enter into Iddah. The inference of such wording would mean Talaq Raj’i will occur which would subsequently allow for reconciliation to take place within the iddah period without the need of renewing the Nikah. Verbally uttering words or gesturing to her to return would be sufficient for the marriage to renew. Even looking at her with desire and lust would also have the same effect. If reconciliation is not done during her iddah period, then a new Nikah will need to be done along with a new Mahr being stipulated and paid. [Al-Hidāyah; volume 2, page 380] [1]

 

However, the use of vague wording where ambiguity remains (i.e., using such wording which would not normally infer to divorce) will require an intention of divorce to be present at the time of using such wording. If an intention of divorce is not made at the time of using such wordings, then talaq will not take place. Examples of such wordings would be, as you have said “I free you,” “I release you,” “get out of here,” “I don’t want to see you again” etc. If an intention is made then Talaq will occur. If the couple wishes to reconcile, then they will need to conduct a new Nikah along with a new Mahr being stipulated and paid. [Al-Hidāyah; volume 2, page 391-392] [2]

 

Simply uttering the words of Talaq or typing them up alone is not sufficient for Talaq to take place. They need to be directed towards somebody, either by saying it directly to them or by mentioning the wife’s name.

 

So, in your case, simply researching the issue of Talaq will not render Talaq to occur.

 

An advice to you would be to be extremely cautious with how you behave with your wife now. As you have started to consider giving Talaq. Whenever you get into an argument or dispute with your wife, shaitaan will now incite you to give a Talaq to her. Previously, when it was not on your mind, you would deal with the argument in an alternative manner. However, now as Talaq is on your mind, shaitaan will direct you to take this method instead of actually trying to work things out. Giving Talaq is rarely the easy or best way out.

 

 

 

Only Allāh knows best.

Written by Maulana Mohammed Dilwar Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

[1]الطلاق على ضربين: صريح وكناية. فالصريح: قوله أنت طالق، ومطلقة، وطلقتك، فهذا يقع به الطلاق الرجعي لان هذا الألفاظ تستعمل في الطلاق، ولا تستعمل في غيره، فكان صريح

 

 

[2]وبقية الكنايات، وهذا مثل قوله: أنت بائن، وبتة، وبتلة… لأنه تحتمل الطلاق وغيره، فلا بد من النية