Saying the word talaq

Fatwa ID: 02405

Answered by: Molana Eunus Ali

Question:

Asak.
I would like to know in many discussion on talaq, many men use the word 'talaq'.If they utter the word 'talaq'(just this word) does it mean they have divorced there wife? Or if they have read in the newspaper heading the word 'talaq talaqtalaq' not directing to their wife. Does it mean talaq in actual sense. And what if wife also hears it? She knows that he read the newspaper heading.

Answer

بسم الله الرحمن الرحيم

There are two types of talaq

  1. Sareeh: This is when the husband explicitly and clearly issues his wife a talaq and there is no possibility of the statement having an alternative meaning.A revocable divorce will take place.

For example the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.

In this category the intention of the husband will not be taken into consideration. [1]

  1. Kinayah: This is when the husband uses unclear phrases or words accompanied with the intention of talaq are used to issue a talaq to the wife. A divorce absolute will occur as a result of this.

When the talaq is implicit and not clear, the intention of the husband willbe taken into consideration.[2]

In regards to your question, the mere reading or utterance of the word talaq will not cause a talaq to take effect.

In addition to this, Allah has mentioned the word talaq in the Quran in many places and by reading those verses a talaq does not occur.

However if it is directed or intended for the wife the talaq will take effect.

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


[1]Al-Badai’ As-Sanai, Volume 4, Page 222, DarulKutubulIlmiyyah

[2]Al-Lubab Fi Sharh Al-Kitab, Page 443-444, Al-MaktabatulUmariyyah

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