Fatwa ID: 05253
Answered by: Mufti Eunus Ali
Question
If a husband said to his wife in anger that I swear to Allah that I will not live with you or I don’t want to live with you several times on one occasion but he said his intentions were not to give divorce will divorce happen?
In the name of Allah, the Most Gracious, the Most Merciful
Answer
There are two types of divorce in Islam:
- Sareeh: This is when the husband explicitly and clearly issues his wife a talaq 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) comes 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 take place and the couple will not be allowed to reconcile the marriage without performing the nikah again. An example of this would be such as ‘I don’t need you/to want you’ or ‘I don’t want to live with you’ etc.
When the talaq is implicit and not clear, the intention of the husband will be taken into consideration.[2]
In regards to your question as the husband has stated that he did not have the intention of divorce at the time of making such statements no divorce will take place based on the statement of the husband.
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyyah
[2] Al-Lubab Fi Sharh Al-Kitab, Page 443-444, Al-Maktabatul Umariyyah
