I am ready to divorce

CategoriesDivorce [537]

Fatwa ID: 01509

Answered by Mufti Mohammed Tosir Miah

Question:

I want to know that if in anger on phone if husband and wife are fighting and then after they end call the wife messages to husband tum mujhay chor do and husband send messages u talk shit I am ready to leave you and due to network the message came twice although husband said that I never meant to divorce you by sending this message what are the ruling about it. Husband never wanted to leave wife he just did message to threat her

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

If the wife asks in clear and unambiguous terms for a talaq where she says “Give me a talaq”, then if in answer to this the husband replies in words or sentences in which talaq is indicated like “I have divorced you” etc…, then in such cases the wife’s request will be fulfilled and one talaq rajee will occur.   (Fatawa Hindiyyah p.356 v.1 & Aapke Masaail p.391 v.5)

Therefore, with regards to your question, talaq will not occur.  Firstly, because the wife asked for talaq in unclear and ambiguous terms and secondly the reply from the husband did not literally indicate to talaq.

To say anything which denotes future tense with regards to talaq will not effect a talaq since such sentences do not give talaq.  They are merely a promise or a warning and promises and warnings do not effect talaq.   (Badaaius Sanaai p.210 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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