Fatwa ID: 02023

Answered by UstaadhaBint Salih

Question:

Salam Alaykoum,

If someone wants to divorce his wife but not utter nor pronounce any words of divorce and just only sounds come out of his mouth (like when the tongue rocks the teeth or the mouth palate or the gums) and these sounds means yes, is it count as a divorce? Thank you.

Answer:

The ruling in the Hanafi Fiqh with regards to mispronouncing and distorted words is that talaq will occur.  

If the Husband prior to pronouncing these words made two witnesses and explained to them he is using these words in order to get rid off some doubts and that he has with no intention of Talaq, then talaq would not have been executed through these words. 

Ibn Nujaym the author of BahurRaaiq, explains the issue of mispronounced and distorted words of Talaq by saying;

“They are five, Talaq (With Taa), Talaagh (Taa), talaqh, talaak, talqak (with Taa). This will be effective in court and his (Husband) claim will not be considered unless he has witnesses prior to using the words, where he tells them that his wife is seeking a talaaq from this, but he has no intention to give her talaq, hence saying it like talaq. (BahurRaaiq p.252 v.3)

In the situation in question talaq will occur since the intention of divorce was there and no witnesses were took aside to clarify that these words or sounds to do not mean divorce.

Only Allah knows best.

UstaadhaBint Salih.           

DarulIfta Birmingham

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham