Would saying Tum Farigh Ho constitute a talaq

Fatwa ID: 01298

Answered by Mufti Mohammed Tosir Miah

Question:

Once a time I said to my wife with an anger that (tum meri taraf sa farig ho) with no intention to talaq but with intention that you may go for Talaq in a court.

Answer:

Bismillah

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

The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)

The kinaya words effect talaaq bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

Regarding your question, the words “Tum Farig Ho” is considered to be kinaya words of talaq, (Fatawa Hindiyyah p.375 v.1) which means that talaq will only occur if the husband made the intention of talaq or not. In your situation, you did make the intention of talaq in terms of your wife going to the court and receiving a talaq, therefore, the conclusion we can come to is that one irrevocable talaq will occur. Your nikah with your wife has broken, but you can get back together again by redoing the nikah.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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