Attributing Divorce

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Attributing Divorce 

 

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

 

Answer

 

Attributing divorce is of two types. 

 

  1. The attribution is clear.  For example ‘I divorce you’.
  2. The attribution is unclear.  For example, the husband says ‘Divorce’ or Talaq’ without specifying or indicating his wife but indirectly his wife is meant and not another woman.

 

In both situations, talaq and divorce will occur.   (Raddul Muhtar p.458 v.4)

 

As I mentioned before the ruling in the Hanafi Fiqh with regards to mispronouncing and distorted words is that talaq will occur.

 

If the Husband prior to pronouncing these words made two witnesses and explained to them he is using these words in order to get rid of some doubts and that he has no intention of Talaq, then talaq would not have been executed through these words.

 

Ibn Nujaym (RA) the author of Bahur Raaiq, explainds the issue of mispronounced and distorted words of Talaq by saying;

 

“They are five, Talaq (With Taa), Talaagh (Taa), talaqh, talaak, talqak (with Taa). This will be effective in court and his (Husband) claim will not be considered unless he has witnesses prior to using the words, where he tells them that his wife is seeking a talaaq from this, but he has no intention to give her talaq, hence saying it like talaq. (Bahur Raaiq p.252 v.3)

 

Therefore, the conclusion we can come to is that talaq uttered through mispronounced or distorted words will occur irrespective of whether he intended it or not or whether he attributed it to his wife or not.

 

This is the fatwa of Darul Ifta Birmingham. You will need to ask the other Muftis on their reasoning in coming up with the judgement that talaq would not occur.

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

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