Fatwa ID: 06665
Answered by: Muftiyah Habiba Akhtar
Question:
My husband has told me in anger a few times that Nikah is not important at all and we can still live together if he finished the nikah. I am very concerned about his thought if he really means it.
Can you please tell me what the consequences would be in this life and the afterlife if he ever wants to live without a valid Nikah?
He has told me kinaya words many times and when I asked him if he intended divorce he said no. I’m afraid he is not honest because of his statement about Nikah.
Please answer urgently. I am very scared and worried.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In the Hanafi Madhab, two types of divorce may occur. Talaaq Rajee and Talaaq Bain. Thus, divorce is categorised into three: Hasan, Ahsan (sunnah) and Bid’ah.
Hasan is to give a single divorce to the wife in the state of purity and not have intercourse with her and to leave her until her iddah period passes.
The sunnah form of divorce is a woman whose marriage has been consulates is divorced thrice in three periods of purity.
The Bid’ah form is the one where he divorces her thrice in a statement or thrice in one period of purity. Then the divorce takes effect and the wife becomes irrevocably divorced (Ba’in) for him and he’s been disobedient.
(Al Hidayah Page 373-374 Volume 2, Maktab Rehmania Publication)
In the case of Bidah Talaaq, a couple may not reunite unless Halalah has taken place according to the Ahnaf.
The Holy Quran says in 2:230:
“And if a husband divorces his wife (a third time), then he cannot, after that, re-marry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them if they reunite provided they feel that they can keep the limits set forth by Allah. Such are the limits set by Allah, which He makes plain to those who understand.”
In order for Talaaq to take place, it is necessary for Talaaq to be mentioned between the couple as Qabool is required in the forming of a marriage.
Hence, in your case, it is very important to be cautious of the words used and the allusion to those words.
Though divorce is based on the terms of the divorce, this can happen if unclear words/Kinayah words are used. This is explained below:
DIVORCE (with respect to the execution of it) is of two kinds; Sareeh or express, and Kinayat, or by implication.
The manner of express divorce TALAK SAREEH, or express divorce, is where a husband delivers the sentence in direct and simple terms, as if he were to say, “I have divorced you,” or “You are divorced” which affects a Talak Rijai, or divorce reversible, that is to say, a divorce such as leaves it in the husband’s power lawfully to take back his wife at any time before the expiration of the iddat: and these forms are termed Sareeh or express, as not being used in any sense but divorce.
(Al Hedaya, Kitab Bhavan, Volume 1, page 76)
Thus, in your query, the way in one should conduct divorce expression is to use clear wording and use such statements that the meaning cannot allude to anything else but divorce.
The second type (Kinayah) is the implied method. Divorce only takes effect by them with intention or with immediate indication.
This method of pronouncing divorce is of two types:
- There are three wordings for it by which revocable divorce takes place and only one pronouncement of divorce occurs, and that is by someone saying:
- “Enter the waiting period”
- “Seek to keep your womb free”
- “Anti wahidah – You are single.”
- [With regards to] all other implied [methods] when one intends divorce with them, then [only] one final [divorce takes place], but if he intends [all] three, then [all] three take effect
(Masail Quduri, TaHa Publishers, Page 354)
Therefore, if the Kinayah methods of expression by your husband are being uttered to you, then you must see if there is an intention behind his utterance or immediate implication. If your husband is denying any intention behind his utterance then divorce hasn’t been intended nor occurred due to the condition not being met.
As for the intentions and beliefs of your husband, it is important that these beliefs are rectified or explained by your husband and that he repents the claims he makes.
It is mentioned in Hadith regarding the jest or mocking of divorce (displayed by your husband’s alleged Kinayah utterances) that Abu Hurairah narrated that: the Messenger of Allah (ﷺ) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife). “(Sunan Ibn Majah, 2117)
Only Allah knows best
Written by Muftiyah Habiba Akhtar
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
