Fatwa ID: 06890
Answered by: Maulana Abdul Malik
Question:
Salam, I would like to ask a question, For my husband’s first time in an argument he said divorce divorce and that’s it.
2nd time in an argument he became insane and furious, he was banging stuff hitting me and shouting and screaming, he was compelled by his actions and says he never knew what he was saying or doing and never knew what was going on and the anger had taken over I think he said and I am going to divorce you twice and then I’m going to leave you, he may have said I divorce you but I can’t remember and nor can he.
On the 3rd occasion, he had an argument with me where he was angry, once again I think he said I’m going to divorce you twice and I’m going to leave you. Or he said I’m going to divorce you. But I can’t remember nor can he exactly which one he said but I think most likely I’m going to divorce you.
Sometimes I think we’re there any more occasions I don’t think there were but I can’t say there was 100 per cent as I can’t remember, as they are doubts and only certain ones I have said.
Can you explain the situation please and what can you do for the 2nd and 3rd time it happen, don’t know if said I divorce you or I’m going to divorce you?
And if can’t remember what can you do?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Words which cause divorce (Talaq) to come into effect are of two types;
1, Sareeh (clear): This is when a husband clearly issues his wife a divorce (talaq) using clear words such as; “I divorce you” or “you are divorced” etc…
Using plain words will cause one divorce to come into effect and no consideration will be given to intention. (Al lubaab fi sharh al Kitab, pg 100, vol 4)[1]
2, Kinayah (ambiguous): This is when the husband uses unclear phrases or words that are not exclusively prescribed for issuing divorce but allude and hint at it. Kinayah words do not affect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Al lubaab fi sharh al Kitab, pg 103, vol 4)[2]
It will be regarded as clear words of divorce if your husband repeatedly says “divorce” directing the word to you while arguing with you. Divorce will therefore take place.
In the other scenarios where your husband says he is going to divorce you or he is going to leave you, these will be considered threats and promises. Therefore, divorce will not come into effect. However, saying these words should be avoided. (Fatawa Hindiyyah, pg 396, vol 1)[3]
In light of the above, your husband issued clear words of divorce to you in the first scenario. As a result, you are no longer lawful for each other. Hence, you must separate from each other.
[1] والطلاق على ضربين: صريح و كناية، فاالصريح): ما لم يستعمل فيه، وهو (قوله: أنت طالق، و مطلقة): بتشديداللام، (وقد طلقتك) (يقع به الطلاق الرجعي). (و لا يفتقر إلى النية)
[2] (و الضرب الثاني: الكنايات) وهي : ما لم يوضع له، واحتمله وغيره (ولا يقع بها الطلاق إلا بنية، أو بدلالة حال)
[3] في الْمُحِيطِ لو قال بِالْعَرَبِيَّةِ أُطَلِّقُ لَا يَكُونُ طَلَاقًا إلَّا إذَا غَلَبَ اسْتِعْمَالُهُ لِلْحَالِ فَيَكُونُ طَلَاقًا
Only Allah Knows Best
Written by Maulana Abdul Malik
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
