Fatwa ID: 01722

Answered by Mufti Mohammed Tosir Miah

Question:

Assalam u alaikum, if the wife says to the husband I want divorce and husband says ok, if you want talaq/khula go to your parents house. He did not mean to give talaq but to get the family involved first then give it. So is nikah intact?

 Answer:

The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc.. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Hindiyah, V1, P354)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Hindiyah, V1, P374)

The kinaya words effect talaaq e bain (distinct divorce) when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

With regards to the aforementioned statement, it falls under the category of kinaya (ambiguous divorce). If there was no intention of divorce, then divorce would not occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham