If the husband said “if you do not pray Salah our connection is broken”

CategoriesDivorce [525]

Fatwa ID: 01556

Answered by Mufti Mohammed Tosir Miah

Question:

If the husband said “if you do not pray Salah our connection is broken”

Answer:

Bismillah

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

Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

According to Imam Abu Hanifah (RA), all types of taleeq are valid and if the condition is found the divorce will occur. (Dars Tirmizi p.491 v.3)

In your situation, your husband connected the sentence “if you do not pray Salah our connection is broken” is slightly different to the ruling mentioned above in terms of him connecting the sentence with a kinayah divorce.

The words which effect divorce are of two types:
1) Clear and plain words (sareeh)
2) Ambiguous and allusive words (kinayah)
Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc… Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Hindiyah, V1, P354)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Hindiyah, V1, P374)

The kinaya words effect talaaq e bain (distinct divorce) when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

The conclusion to your question is if your husband intended divorce with the words “there would be no connection between us” then divorce would occur when you missed a Salah. If he did not intend divorce like it was ascertained in our meeting last week then divorce would not occur.

Finally, as you missed the Asr prayer after your husband said these words, even though the divorce would not occur as he did not have the intention, but the oath now would come to an end. In future, any prayers you now miss would not result in a connection of the divorce. (Hidayah p.385 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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