Fatwa ID: 06654
Answered by: Maulana Mohammed Dilwar Hussain
Question:
I was writing Outlook to check my Outlook email, but while writing Out thoughts of niyyah took place. Is writing OUT consider writing a kinaya statement? Currently, my wife is at her mother’s home and I get these Waswas or thoughts.
In the name of Allāh, the Most Gracious, the Most Merciful
Answer:
Your question is quite difficult to understand. If this generic response does not suffice your question, then please get in touch again explaining what the incident was, providing some background and exactly what transpired.
There is a Fiqhi principle which determines that whatever is written will also stand in the place of verbal speech.
It has two conditions; firstly, that what is written is apparent and admissible and; secondly, that it is written in an acceptable way which is common and amongst the norm of the time. The sender and recipient must also be noted clearly. [Al-Qawā’id ul-Fiqhiyah; page 52] [1]
If your question is in regard to divorce, then the following should also be considered:
Uttering the words of Talaq (divorce) fall under two categories; Sareeh (clear wording) and Kinaya (vague wording).
If clear wordings are used such as, “I divorce you” “You are divorced” or “I give you Talaq” whether they be said in person or not, via message, with witnesses present or not, etc. then this will cause Talaq (divorce) to occur immediately. The wife will then need to enter into Iddah. The inference of such wording would mean Talaq Raj’i will occur which would subsequently allow for reconciliation to take place within the Iddah period without the need of renewing the Nikah. Verbally uttering words or gesturing to her to return would be sufficient for the marriage to renew. Even looking at her with desire and lust would also have the same effect. [Al-Hidayah: vol. 2, pg. 380] [2]
However, the use of vague wording where ambiguity remains (i.e., using such wordings which would not normally infer divorce) will require an intention of divorce to be present at the time of using such wordings. If an intention of divorce is not made at the time of using such wordings, then Talaq will not take place. Examples of such wordings would be, “I free you” “I release you” “Get out of here,” or “I don’t want to see you again” etc. [Al-Hidāyah: vol. 2, pg. 391-392] [3]
Simply uttering the words of Talaq alone are not sufficient for Talaq to take place. They need to be directed towards somebody, either by saying it directly to them or by mentioning the wife’s name.
Furthermore, simply thinking about giving Talaq and not uttering the words of Talaq is not sufficient for Talaq to take place. The fundamental principle for Talaq to occur is that it has to be uttered verbally. [Radd ul-Muhtār: vol. 4, pg. 426] [4]
These whispers and thoughts which are passing through your mind are surely from the works of shaytān (the devils). There could possibly be some underlying issues causing these thoughts. If this is the case, then it would be best to work towards rectifying these issues.
Only Allāh Ta’ālā knows best.
Written by Maulana Mohammed Dilwar Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]الكتاب كالخظاب.
مستبينة: أي مكتوبة على شيء تظهر وتثبت عليه.
مرسومة: أي مكتوبة بالطريقة المعتادة بين الناس بأن تكون مصدّرة باسم المرسَل والمرسِل إليه.
[2]الطلاق على ضربين: صريح وكناية. فالصريح: قوله أنت طالق، ومطلقة، وطلقتك، فهذا يقع به الطلاق الرجعي لان هذا الألفاظ تستعمل في الطلاق، ولا تستعمل في غيره، فكان صريح
[3]وبقية الكنايات، وهذا مثل قوله: أنت بائن، وبتة، وبتلة… لأنه تحتمل الطلاق وغيره، فلا بد من النية
[4]قوله: (هو ما اشتمل على الطلاق) أي على مادة (ط ل ق) صريحا، مثل أنت طالق، أو كناية كمطلقة بالتخفيف و كانت (ط ل ق) وغيرهما
