Fatwa ID: 08898
Answered by: Maulana Abdurrahman Mohammad
Question:
If someone, out of jest, introduces their wife to someone as their girlfriend or friend, will this constitute to a divorce?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Wording of Talāq falls under two types, Sarīh (explicit/direct) and Kināyah (indirect). Kināyah refers to indirect or ambiguous phrases that could imply divorce but may also have other meanings. These words do not result in an automatic divorce and require intention or a Talaq context for divorce to occur.
According to the jurists (is whatever that was not stipulated for it) i.e. divorce (and has the possibility of it [divorce]) and other than it.[1]
Divorce does not occur with them except with intention or by the indication of a situation.[2]
Introducing a wife as a “girlfriend” or “friend” could be used playfully or express endearment, but they may also be used to imply divorce. If the intention behind the words is to end the marriage, it could trigger a Talāq Bāin (separable divorce). However, it won’t have legal consequences if said in jest without divorce intent. The key factor is the intention behind the statement.
References:
[1] (كِنَايَتُهُ) عِنْدَ الْفُقَهَاءِ (مَا لَمْ يُوضَعْ لَهُ) أَيْ الطَّلَاقِ (وَاحْتَمَلَهُ) وَغَيْرَهُ
(Radd Al-Muhtār, vol. 3, pg. 296, Darul Fikr Beirut)
[2] لَا يَقَعُ بِهَا الطَّلَاقُ إلَّا بِالنِّيَّةِ أَوْ بِدَلَالَةِ حَالٍ
(Al-Fatāwā Al-Hindiyya, vol. 1, pg. 374, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah)
Only Allah (عَزَّ وَ جَلَّ) knows best.
Written by Maulana Abdurrahman Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham