Fatwa ID: 08902
Written by Maulana Mohammed Aabu Saeed Miah
Question:
Me and my wife we had a fight I was angry and left the room I was sitting in living room and thinking about what happened so I went back in the room and said “mein tumhain Abhi issi waqt chorta hoon” but I was not planning on divorcing her nor divorce was my intention. In this case did the divorce happened?
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