Fatwa ID: 05620
Answered by: Maulana Syed Johir Miah
Question:
Yes sir I needed an imam or shaykh, help. I am 7 months and a half pregnant. My husband divorced me yesterday. He is an American Muslim, just converted recently a year ago. Still learning the Muslim world.
By divorcing he pronounced the word you are free. I am done keeping you. You are free to do what you want.
These are the texts the husband wrote:
See how hard was that. Sounds good to me. I’m done begging you to stay.
If you are that sad to be with me. You are a free woman.
I’ll figure my path out. You’re a free woman do whatever is going to make you happy. Because God knows I can’t help you with that. Good luck.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Divorce is of two kinds: [1]
- Explicit (Sarih), and
- Implicit (Kinayah).
Explicit Divorce
Explicit (divorce) is (like) his saying:
- “You are divorced,”
- “… [you are] a divorced woman,” and
- “I have divorced you.” Revocable divorce (Talaq Raji) takes effect by it.
Only one (divorce) takes place, even if he had intended more than that [single divorce], and with these words (of expression), an intention is not required.
His saying:
1. You are the (embodiment of) divorce,”
2. You are divorced with the divorce,” or 3. “ Anti Taliqun Talaqan – You are divorced with a divorce,” then if he has no (specific) intention, then it is one revocable (divorce), but if he had intended two (pronouncements of divorce), only one takes effect. If he intended three (pronouncements of divorce) by it, (then all) three (apply).
Implicit Divorce
The second type is the implied (methods). Divorce only takes effect by them with intention or with immediate indication.
(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.[2]
When a man divorces his wife with a single revocable divorce, or (with) two (revocable) pronouncements of divorce, he may take her back during her ‘iddah, whether the woman consents to that (retraction) or does not consent.
The retraction (Rajah) is made when:
- He says to her, “I have taken you back,”
- “I have taken my wife back,” or
- He has sexual intercourse with her,
- He kisses her,
- He touches her with sexual desire, or
- He looks at her private parts with sexual desire.[3]
Hence, in the aforementioned case, if the husband did not intend for divorce with the words, “You are free to go”, then the divorce will not take place. However, if he has intended divorce with these words, then it is dependent on his intention. If he has one, then one divorce will take place. If he has intended for two, then one divorce will take place, and if he has intended for three, then three divorces will take place.
Only Allah knows best.
Written by Maulana Syed Johir Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]والطلاق على ضربين: صريح وكناية فالصريح قوله: أنت طالق ومطلقه وطلقتك فهذا يقع به الطلاق الرجعي ولا يقع به إلا واحدة وإن نوى أكثر من ذلك ولا يفتقر إلى النية
وقوله: أنت الطلاق أو أنت طالق الطلاق أو أنت طالق طلاقا فإن لم تكن له نية فهي واحدة رجعية وإن نوى به ثلاثا كان ثلاثا
والضرب الثاني: والكنايات ولا يقع بها الطلاق إلا بينة أو دلاله حال
Mukhtasarul Quduri, Quduri, 155/1, Darul Kutub Al-Ilmiyyah, 1418 H.
[2]وبقيه الكنايات إذا نوى بها الطلاق كانت واحدة بائنةIbid
[3]إذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها رضيت بذلك أو لم ترضوالرجعة أن يقول: راجعتك أو راجعت امرأتيأو يطأها أو يقبلها أو يلمسها شهوة أو ينظر إلى فرجها بشهوة
Mukhtasarul Quduri, Quduri, 159/1, Darul Kutub Al-Ilmiyyah, 1418 H.
