Fatwa ID: 08901
Written by Maulana Mohammed Aabu Saeed Miah
Question:
During an argument with me, my husband approached me and said, “I’ve come here to divorce you. I don’t want to stay married to someone like you.” And he asked me something along the lines of if I will do anything to stop him divorcing me. Later in discussion, he first denied saying this at all and then later admitted that when he is experiencing stress, sometimes things come out differently to what he was trying to say and he doesn’t remember saying this.
He said , “I did not divorce you.” “I did not intend to divorce you.” “I said I am ready to divorce you. I was telling you I am close to divorcing you. That that is where my mental state had got to.” I believe he was warning me of it in the near future.
Did his choice of words mean that a divorce was issued?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
For divorce to take place, specifics are taken into consideration. In the case mentioned above, allusive words have been used. In no case was divorce explicitly expressed. If it was explicitly expressed, even intentions will not be taken into consideration for it to come into effect. As there was no explicit expression rather allusive words which may or not mean divorce, divorce will not take place.
References:
الْفَصْلُ الْخَامِسُ فِي الْكِنَايَاتِ فِي الطَّلَاقُ]
(الْفَصْلُ الْخَامِسُ فِي الْكِنَايَاتِ) لَا يَقَعُ بِهَا الطَّلَاقُ إلَّا بِالنِّيَّةِ أَوْ بِدَلَالَةِ حَالٍ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ.
ص374 – كتاب الفتاوى العالمكيرية الفتاوى الهندية – الفصل الخامس في الكنايات في الطلاق – المكتبة الشاملة
Only Allah knows best.
Written by Maulana Mohammed Aabu Saeed Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham