Fatwa ID: 04452

Answered by: Maulana Irfan Ali

Question

My husband said when I m demanding divorce like said azad kr do he said with no intention even doesn't know that talaq can happen by this he said tum azad ho jo krna hai karo jahan jana jaio jahan dil karai shadi karo …kitni talaq houn gi aisai

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The matters in regards to divorce should be taken very seriously, divorce should not be demanded.

One should ponder over and over again prior to thinking of such actions. It is important that sometimes one may be in anger but divorce matters are very delicate.

There are two forms of verbal divorce. The one is when clear terms of the divorce are mentioned such as I divorce you, these words induce divorce instantly without any question of intention. This is known as talaaq sareeh meaning clear divorce.

The second type is of your question when words of direct divorce are not used such as, go to your mum's house, do what you want such words will not induce divorce unless, with the intention of divorce, this type is known as talaaq kinaya. If the intention was not of divorce when saying such words then divorce shall not take place. (Al Hidaya volume 3 page 182 Maktabatul Bushra)

Only Allah knows best

Written by Maulana Irfan Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham