Implying the Divorce

Fatwa ID: 03477

Answered by: Alimah Sabrina Saidova

Question

 

My question is about divorce by implying. Is there such a divorce that will take place just by implying? If you could please explain the rulings regarding this matter. 

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

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

[1] Talaq is of two main types: 1) Explicit and, 2) Allusive (Implied). When the husband uses words that imply divorce, divorce will only take place if the husband had an intention of giving talaq, or the occurring circumstance indicated so, such as if the spouses were arguing about talaq or they were in the state of anger whilst talaq was alluded to. Since this chapter is quite vast and delicate, I request you to send in the specific scenario you would like to know regarding allusive divorce.

 

[2] If the husband gives the right of choice to his wife and he had an intention of divorce, if the wife says she chooses all of it, then she will be divorced one revocable divorce. This is because the husband mentioned the word divorce whilst giving her a choice and he mentioned it once. Therefore, even though she chose “all of it”, since the husband only said divorce once, and she chose it, she will be divorced once.

 

On the other hand, if the husband tells her to choose from three divorces whatever she wants, then she has a choice of choosing all of it.[1]

 

Only Allah knows best

Written by Alimah Sabrina Saidova

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 


[1] Fatawa al-Hindiyyah 1/458

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