Fatwa ID: 06475

Answered by: Maulana Nazrul Islam

Question:

If the husband was unaware that an ambiguous word can cause divorce. Could he nonetheless have the intention to divorce? He had no knowledge about how talaq can be given even with the ambiguous word but when he told his wife „get out of my life“ he didn’t want her anymore at that moment, so is this called a talaq kinayah with Intention and a talaq baain took effect?

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

Answer:

If someone intends Talaq with ambiguous words, the Talaq will become effective whether or not he had prior knowledge regarding it.

When he said “get out of my life”, if he intended divorce then an irrevocable divorce (Talaq Bain) took place already, otherwise no. (1)

Only Allah knows best.

Written by Maulana Nazrul Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

• بَابُ الْكِنَايَاتِ (كِنَايَتُهُ) عِنْدَ الْفُقَهَاءِ (مَا لَمْ يُوضَعْ لَهُ) أَيْ الطَّلَاقِ (وَاحْتَمَلَهُ) وَغَيْرَهُ (فَ) الْكِنَايَاتُ (لَا تَطْلُقُ بِهَا)

قَضَاءً (إلَّا بِنِيَّةٍ أَوْ دَلَالَةِ الْحَالِ) وَهِيَ حَالَةُ مُذَاكَرَةِ الطَّلَاقِ أَوْ الْغَضَبِ

رد المحتار ج٣ ص٢٩٧