Does Talaq occur without intention if the husband said You are Haraam upon me

Fatwa ID: 01710

Answered by Mufti Mohammed Tosir Miah

Question:

Me and my wife had an argument some 3 weeks ago and to cut the prolonging argument short, I said to her "You are haram on me", while having what’s so ever No intention of giving her Talaq but just to make the argument go away.   Q1: Does this counts as the kinaayah talaq with no intention and resulting in talaq not taking effect or kinaayah talaq with one talaq taking effect with the option of Ruju within 3 months?

 Q2: OR Does this count as talaq-e-Bain and requires new nikah?

 Answer:

Bismillah

Words such as ‘you are haram upon me’ will effect a Talaq Sareeh Baain. In other words one irrevocable divorce will occur straight away even though the husband did not make an intention for divorce. One will be required to redo the Nikah again. (Ahsanul Fatawa p.183 v.5)

Ibn Nujaym, the author of Bahrur Raaiq has said:

“…It is stated in Qeeniyah, that if he says, You are a haram woman (or anything similar), and he did not intend Talaq, it will be effected.” (Bahrur Raaiq p.301 v.3)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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