Fatwa ID: 07679

 

 

Answered by: Maulana Mohammed Shahbaz Aslam

 

 

Question:

I’m going to explain what exactly happened on Eid day.

Basically arguments started on very small things but has gone very serious. He started swearing at me and my whole family and said such nasty things that made me angry as well so I answered back to him and things became much more worse.

He had gone mad and this is what he said to me on the text messages, [Best is get the fuvk out of my life. Nice and easily.

You live your life and let me live mine. I don’t want see you again.
Best is finish is here for both of us.

And if you wanna go down other way let’s do it.
Take everything of yours and go your way l’ll go my way.]

Afterwards on the phone call we’re having more arguments and he said tum meri taraf se farag ho, tum us din meri taraf se farag ho gi thi jab hum ne shadi se pahly argument kiya tha.

 

That day He was doing Uber as well when we’re having arguments.

 

After 10 minutes I called him and asked him what did you mean by that and we started arguing again. I asked him [how can I get out from your life? Ma asy kasy tumhari live se nikal jao. He said tum meri taraf se jaha marzi jao. I don’t care. He said bas dafa ho jao. The Arguments were getting worse and afterwards I said if you want me to get out from your life then give me divorce in front of everyone and he said no. He said I don’t need to involve everyone. Also he said itni kya jaldi hy. Ab saber karo. You will get it. Call dropped here.

 

Like 10 minutes later I called him and we started arguing again. He said he recorded when I was arguing with him swearing back, and he said he’ll send it to my parents. We got more angry. Call dropped.

 

Afterwords when I called him he said I’m working let me work. I was really angry so I said to him I don’t care if you’re working or not. I said why did you record only MY voice when we were arguing. He got customers as well in the car and he was talking to them when he said bas talaq hi talaq hy talaq talaq. He dropped call.

 

After 5/10 minutes he called me and said to me [you got 10 minutes, think about it, do you really want divorce or not? If you want it then you’ll get it. I didn’t answer. Call dropped.

 

Afterwords he called my friend and said [I said that I’ll come tomorrow I’m working today and she’s gone so mad. She had arguments with me that you were with your friends, she has got problems with my friends, I told her to calm down] my friend said to him it’s Eid so she’s your wife, you should give her a bit of time rather than your friends. He said to my friend there’s no point in talking to you. You’re also mad.

 

Afterwards he called me but I didn’t answer so he texted me,
[Tum pagal tou nahi ho]
I replied that you already gave me divorce 4 times.

 

He replied that
I have not said it but if you think that’s fine
Even better

 

I replied that
You said divorce 4 times

 

He replied
Ok
Is that’s it.

 

I replied that
you can say again clearly

 

He replied that
That wasn’t clear?
But you just said that I gave you.
If not then why you said I gave you divorce
You’re mental

 

Afterwards I didn’t replied and he didn’t called me

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

In Islam there are 2 types of divorce with respect to wording used:

1. Revocable divorce- where the man uses explicit words of divorce.¹
2. Irrevocable divorce- where the man implies divorce by not saying it explicitly but by indicative statements e.g. as above, get out of my life or we are finished.²

Here from the initial statement, he issued an irrevocable divorce. This can be understood from the context, i.e. severe argument.³ Once this is issued you entered the iddah (waiting period) and any divorce said after this is irrelevant as your marriage was over. If you want to reconcile you would have to remarry with a new nikah and mahr with 2 adult male witnesses or 1 male and 2 females.

 

 

Only Allah knows best.

Written by Maulana Mohammed Shahbaz Aslam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

1 صريحاً، وإنه يعقب الرجعة بالنص، ولا يفتقر إلى النية لأنه صريح فيه لغلبة الاستعمال هداية.

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ص41 – اللباب في شرح الكتاب – كتاب الطلاق – المكتبة الشاملة

2 (والضرب الثاني الكنايات) وهي: مالم يوضع له واحتمله وغيره (ولا يقع بها الطلاق إلا بنية أو دلالة حال) من مذاكرة الطلاق، أو وجود الغضب لأنها غير موضوعة للطلاق، بل تحتمله وغيره، فلابد من التعيين أو دلالته، لأن الطلاق لا يقع بالاحتمال (وهي) : أي ألفاظ الكنايات (على ضربين: منها ثلاثة ألفاظ يقع بها الطلاق الرجعي) إذا نوى الطلاق (ولا يقع بها إلا طلقة واحدة، وهي: قوله اعتدى) لاحتمال أنه أراد اعتدى نعم الله تعالى، أو نعمى عليك، أو اعتدى من النكاح فإذا نوى الاعتداد من النكاح زال الإبهام ووجب بها الطلاق اقتضاء، كأنه قال: طلقتك، أو أنت طالق فاعتدى (و) كذا (استبرئي رحمك) ، فإنه

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ص41 – اللباب في شرح الكتاب – كتاب الطلاق – المكتبة الشاملة

3 Ibid