Implied Divorce

Fatwa ID: 02983

Answered by:  Maulana Umer Khan​

Question:

Assalamu Alaikum Wa Rahmatullah

My question is about implying divorce is there such a divorce that will take place by just implying. if you can explain the rulings regarding this matter 

If the husband gives all rights of divorce to wife and if she was implying divorce but was not her intention and she goes ill take all of them in haste do any of these actions lead to a divorce

Answer:

بسم الله الرحمن الرحيم

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

Broadly speaking, words that can cause divorce are of two types:

1) Those that are clear (ṣarīḥ) and explicit, such as "I divorce you" or "You are divorced". This will cause one revocable (rajʻī) divorce, regardless of the intention. The husband and wife may reconcile within the waiting period (either verbally, or by being intimate), or after the waiting period by renewing the nikāḥ.

 

2) Those that are implicit/allusive (kināyah), where the words only hint or allude to divorce. In this case, divorce will ONLY take place if there is clear intention to divorce, or if a divorce was being discussed when the words were said, or if the words were uttered in anger. If any of these three situations is true, the resulting divorce will be considered irrevocable (bā'in), meaning that husband and wife are no longer lawful for each other, but they can get back together by redoing the nikāḥ after the waiting period. However, depending upon the customs, norms, and practices of your culture (ʻurf), implicit/allusive words are sometimes common and exclusive to divorce and therefore treated as ṣarīḥ. This would cause one revocable (rajʻī) divorce, regardless of the intention. It would be best to consult with a local muftī/scholar about such a situation.

 

Delegation of a husband's right of divorce to a wife can only happen with clear intention from him, the wife must be aware that she is being offered the right, she must accept the right in the same sitting (majlis), and she can only exercise it until the time period that her husband specified, and only for the number of divorces that he delegated. With all of these conditions, if she uses implicit/allusive wording, then divorce will only take place if she has intention. Again, it would be best to consult with a local muftī/scholar about such a situation.

 

Only Allah knows best.

Written by Maulana Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

[1] Raddu al-Muḥtār

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