Talaq in the Wife’s Hand

Fatwa ID: 03558

Answered by: Alimah Nasima Umm Hamza

 

Question

My husband gave me the authority of tafweez-e-talaq which I had no information about. Two times I gave this authority back to my husband by saying that, 'I don't need it' and ‘you take it back’. Then, later on, due to a fight, I uttered some words that 'we are not in a relationship from now' and many more other things. However, because I thought that I have given back the talaq authority, I did not know that talaq authority can still be with me.

My husband is saying that the authority was with me. I said this all as a reaction to his words – I did not know that these words hint to divorce.

 

Secondly, I was unconscious while uttering this. I did not remember what I had said due to my mental state to the extent that I even had to take an interval from the fight. My husband acknowledged later on that I had used such words even though I did not intend divorce. Please guide me. Am I divorced now in spite of these facts?

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

With regards to the tafweed of talaq, if your husband has given you the choice to divorce for an unlimited time, then the option will remain with you, even if you refuse it. However, if it was for a limited time, then it ended with your refusal or with the ending of that time period.[1]

 

Secondly, during your argument, you may have said some words which indirectly meant divorce or alluded to divorce. This is called Kinayah divorce. Kinayah divorce only comes into effect with intention.[2]

 

Based upon the fact that you had no intention to divorce in using these figurative words, no divorce has taken place.

 

Only Allah knows best.

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1] Raddul Muhtaar, Kitaab at- Talaq, Chapter Tafweed at-Talaq, Volume 3, Page 327

[2] Al-Hidayah, Imran Ahsan Khan Niyazee Translation, Book 8, Chapter of Divorce, Page 708

 

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