Husband Forgetting a Talaq he Gave Before

Fatwa ID: 03446

Answered by: Mufti Eunus Ali​

Question

Assalamu alaikum Wa Rahmatullahi Wa Barakaatuh

My wife has a doubt that I told her 3 months ago during the fight that "Jao tum farig ho" or "jao tum mayri taraf say azad ho". However, I don't remember those words and never had any intentions to give talaq. Maybe I was in anger and just wanted to scare her.


My wife still has doubt that I gave her talaq. Please guide me in the light of Quran and Hadith if one talaq took place what should we do now.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

 

There are two types of divorce in Islam:

  1. Sareeh: This is when the husband explicitly and clearly issues his wife a talaq and there is no possibility of the statement having an alternative meaning. A revocable divorce (talaq-e-raji) will take place. This means that after the issuing of such divorce the wife will begin her waiting period immediately. If during the waiting period the couple decides to reconcile the marriage they may do so without repeating the nikah (marriage ceremony).

If however the waiting period (three menstrual cycles) comes to an end and the couple then decides to reconcile, the nikah (marriage ceremony) will have to be repeated along with its conditions etc.

An example of this type of divorce is that the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.

In this category, the intention of the husband will not be taken into consideration. [1]

 

  1. Kinayah: This is when the husband uses unclear phrases or words accompanied by the intention of talaq are used to issue a divorce to the wife. A divorce absolute (talaq-e-bain) will take place and the couple will not be allowed to reconcile the marriage without performing the nikah again.

 

In this case, the nikah will need to be repeated just as it had been conducted at the beginning of the marriage with all its prerequisites such as two witnesses etc.

An example of this would be such as ‘I don’t need you/want you’ or ‘I don’t want to live with you’ etc.

When the talaq is implicit and not clear, the intention of the husband will be taken into consideration.[2]

 

In regards to your question as you have stated that you did not have the intention of divorce no talaq will be issued.

 

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1]Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyyah

[2]Al-Lubab Fi Sharh Al-Kitab, Page 443-444, Al-Maktabatul Umariyyah

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