Fatwa ID: 05165

 

Answered by: Mufti Muhammad Imad Ali

 

Question

 

I suffer from waswasah to an extent. During an argument with my wife, in anger – the husband said to his wife “if you’re not happy with me, you know where the (front) door is” is this classed a talaq? Looking back, I really can’t quite remember what the intention was at the time of saying this as I was just angry and annoyed.

 

I do know we care for each other and we have had many good times

 

She then replied with “if you’re not happy with me then you know where to tell me to go” … I didn’t reply to this comment made.

 

Then like 2-3 mins later as the same conversation continued, I asked “do you want me to go?” I.e. Leave the house and she said “no”. She then immediately asked me “Do you want me to go” and I said “no”

 

With my first statement, it only dawned on me in the morning after fajr that this could possibly constitute a talaq. I’m not sure as looking at what I said, I asked her an indirect question giving her a choice. The statement/question I made said – “IF you’re not happy you know where the door is”

 

As I didn’t realize until the morning the potential consequences of what we’d said to each other would that mean I didn’t actually give a talaq? As I only realized after awaking I assume my intention couldn’t possibly have been to give a divorce.

 

If the above is a talaq what sort of talaq is it? Are we married, can we reconcile? Can we re-marry? Do I need to do Nikah again?

 

 

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

 

Answer

 

Shaitan will try to create waswasas in particular in the hearts of the believers, especially in salah by creating worldly thoughts and doubts in it.  The musali should be firm and not give in to these whispers and thoughts and should not allow the accursed Shaitan to overpower him.  (Mazaahirul Haqq p.155 v.1)

 

Saaiduna Abu Hurairah narrates that the Prophet (PBUH) said, ‘Allah has forgiven my ummah regarding those waswasas that creep into their hearts so long as they do not act upon them or bring them into their tongues’.  (Mishkatul Masaabeeh p.18 v.1)

 

There are two types of divorce in Islam:

• Sareeh: This is when the husband explicitly and clearly issues his wife a divorce and there is no possibility of the statement having an alternative meaning. A revocable divorce (talaq-e-raji) will take place. This means that after the issuing of such a divorce the wife will begin her waiting period immediately. If during the waiting period the couple decides to reconcile the marriage they may do so without repeating the nikah (marriage ceremony).

 

If however the waiting period (three menstrual cycles) has come to an end and the couple then decides to reconcile, the nikah (marriage ceremony) will have to be repeated along with its conditions, etc.

 

An example of this type of divorce is that the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.

 

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 divorce to the wife. A divorce absolute (talaq-e-bain) will occur as a result of this which means the couple will not be allowed to reconcile the marriage without performing the nikah again with its conditions (such as having witnesses etc.).

 

The above statement “If you’re not happy with me, you know where the (front) door is” is an implicit and unclear statement. Thus, the intention of the husband will be taken into consideration. As you have mentioned that you had no intention of endowing Talaq, your marriage will still be intact.

 

Narrated by Muharib: The Prophet (sallahu alayhi wa sallam) said: Allah did not make anything lawful more abominable to Him than divorce. (Sunan Abi Dawud vol, 2 pg, 314 hadeeth no, 2177)

 

 

Only Allah knows best.

Written by Mufti Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham