Fatwa ID: 05192
Answered by: Maulana Muqtaur Rahman
Question
Husband said to wife: yes I agree it’s over and I don’t want to be with someone who doesn’t want me… the result is divorce.
Has talaq happened? And would this be raji or bain?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
There are two types of talaq
- Sareeh: This is when the husband clearly issues his wife a talaq and there is no possibility of the statement having an alternative meaning. A revocable divorce will take place.
In this category, the intention of the husband will not be taken into consideration[1].
- Kinayah: This is when the husband uses unclear phrases or words accompanied with the intention of talaq are used to issue a talaq to the wife. A divorce absolute will occur as a result of this.
In this category, the intention of the husband will be taken into consideration[2].
In regards to your question, Although the wording divorce was mentioned in the phrase “the result is divorce”, however, there is no clarity if it was said as the outcome of the previous speech “I don’t want to be with someone who doesn’t want me” or it was for issuing a clear divorce. This applies that it will fall under the category of Kinayah.
So, if the intention of divorce was present then Talaq Bain will occur. if the intention of divorce was not present then Talaq will not occur. Yet we strongly advise caution when uttering such words as means of safety and peace.
Only Allah knows best
Written by Maulana Muqtaur Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Badai’ Sanai, v.4 p.222, DKI prints
[2] Al-Lubab, v.1 p.443-444, Umariyyah Publishers
