Saying I Would Not Keep Her Now With the Intention of Divorce

CategoriesDivorce [536]

Fatwa ID:05074

 

Answered by: Mufti Mohammed Tosir Miah

 

Question

 

I have had an argument with my wife. I was so angry with her and told her to stay back in her parent’s house and when she will come to some senses then she can come back to my place and then I went to bed. The next morning my mother-in-law asked me about the argument and I have told her in Punjabi that “hun naehi mein uhno rakhna”, (“I would not keep her now” ) with the intention of divorcing her in near future. But later on, I am having doubts about my intention while uttering these words. I can not recall clearly my intention at the time of uttering these words. The more I think about it the more confused I get. I have already given her two divorces previously and since then I have been very careful not to use the actual word of “Talaq” and always hesitated to use it either in arguments or otherwise

 

 

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

 

Answer

 

In the aforementioned situation, talaq would not occur. For talaq to occur there has to be clear words of talaq or ambiguous words which indirectly give you the meaning of talaq. The sentence you said to your wife does not fall under any of the two categories as what you said (hen she will come to some senses then she can come back to my place) clearly infers that you wanted to take her back.

 

One final bit of information I want to add here is regarding giving talaq in the future tense. The Islamic ruling regarding talaq being uttered in the future tense is that talaq does not occur. They are merely a promise or a warning and promises and warnings do not affect talaq. (Badaaius Sanaai p.210 v.2)

 

 

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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