Fatwa ID: 03553

Answered by: Alimah Nasima Umm Hamza

Question

If a man is asked to give his wife talaq and he says 'I've said it,' but it is not clear what he means by that sentence, would that be classed as talaq? Would his intention make a difference?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Divorce can be given in two ways. When clear words of divorce are used, such as “I divorce you” or “you are divorced” – this is called ‘talaq sareeh.’ One utterance is one divorce. The second way of giving divorce is by the use of allusive words. This is called ‘kinaayah talaq’. Words of divorce are not used but the meaning is divorce.

In the case which you have mentioned, divorce was asked for, and ‘I’ve said’ was the response. This is a type of kinaayah divorce, under the category ‘dalaalatul haal’. This means the circumstances indicate that this is a divorce.[1]

Therefore, one talaq baa’in (irrevocable divorce) will apply. The talaq is not revocable and a new nikah will need to be conducted if reconciliation is desired. (This is only possible in the case that this was the first and second divorce).

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Raddul Muhtaar, volume 3, page 297