Fatwa ID: 07670

Answered by: Aalimah Khadija Tarwala 

Question:

Assallam Alykum warahmatullahi wabarakatuhu,

We are seeking clarification on whether a Talaq-e-Ba’in has been invoked by my brother-in-law through his messages and/or actions.
Additionally, we are seeking guidance on the best course of action, could you please let us know if you could help us in this matter, we would be happy to provide any information requested to us.

JazakAllah Khair.

Abdulhaq

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

Answer:

Wa’ilaykum salaam, 

In Hanafi jurisprudence, Talaq-e-bain is an irrevocable divorce that happens through explicit or implicit words made by the husband toward the wife.

Explicit words: 

If the husband uses clear words such as “I divorce you,” then the Talaq is valid immediately, regardless of the husband’s intention. 

Implicit words:

If ambiguous or unclear words are used, such as “Go back to your family”, the divorce does not take effect unless there was an intention of Talaq at the time of the statement. In these cases, intent is what should be assessed, and the specific circumstances and meaning behind the words must be carefully looked at. 

Actions without words:

Divorce cannot be given just by actions alone. It must be said alongside statements or indications of intent, either explicitly or implicitly, to have the effect of a valid divorce.

Recommended Action:

You should review the exact wording used in the messages by your brother-in-law and the intention behind them. If the words were explicit, the divorce is valid immediately. However, if the words were ambiguous, his intentions should be clearly assessed. 

If there are uncertainties about the clarity of his intentions or the context in which the statements were made, it is important to carefully review the situation. This includes considering the language used and the circumstances at the time of the words. 

Only Allah knows best.

Written by Aalimah Khadija Tarwala.

Checked and approved by Mufti Mohammed Tosir Miah.

Darul Ifta Birmingham.

الصريح هو كأنت طالق ومطلقة. كتاب النهر الفائق شرح كنز الدقائق  ج2:  ص: 321

وأخرس بإشارته, حرًا أو عبدًا. كتاب النهر الفائق شرح كنز الدقائق ج2:  ص: 320