Fatwa ID: 04650
Answered by: Mufti Eunus Ali
Question:
Assalam Alaikum. Once my husband was with his sister talking late at night. When came into the room, I was upset. I told him to leave me. I don’t think I intend to take a divorce. I didn’t want a divorce. After that, I do not remember what my husband said. I try recalling but I really cannot. I ask him he says he does not remember. We both are blank. I just remember I got worried when he said something. I am sure he didn’t say ‘ I divorce you’. I am scared what if he said 1.’as you wish’, or he said 2.’ok’, 3.ok theek, agar tum yahichahti ho. (I am writing assumptions)If God forbid, if he said any of this, will intention be taken into account or God forbid, divorce will take place?
I really don’t know what to do. I am going mad thinking about this issue. My husband says it depends on the intention and he didn’t intend anything like that. But what if he said and he also does not remember. He keeps telling me that he cannot say something like that but we all have a weak memory. If he didn’t say anything like this why am I so scared and worried. That day too I felt’ why is he saying like this? I didn’t mean anything like that.’ My husband tells me I am mad and should be sent to a mental hospital. He says he does not remember anything and everything depends on the intention and he never intended anything like this. But I feel what if he said the above statements(1/2/3) will his intention be taken into account? Will we be excused for not remembering what conversation took place? I feel very sad, very depressed. I feel I will die thinking about this issue. I remember very little of this incident and just bits of the conversation and my husband does not remember anything. At times I get angry, ‘Why he does not remember what he said’ .please clear my doubts. I am very worried. I ask him every day and tell him to remember what he said. At times he tells me I know what to say. At times he tells me I don’t remember. I feel when I can remember what I said why can’t he remember. I just cannot remember what I or he said. What should I do?
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) has come 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 by the intention of talaq are used to issue a talaq to the wife. A divorce absolute (talaq-e-bain) will occur as a result of this and the couple will not be allowed to reconcile the marriage without performing the nikah again.
When the talaq is implicit and not clear, the intention of the husband will be taken into consideration.[2]
In regards to your situation, as you and your husband are unaware of the exact wording or the intention that was said or meant at that moment the safer option would be to have the nikah (marriage ceremony) repeated to be on the safe side.
It must be noted that all the conditions of nikah will have to be met as with any nikah to be valid such as the proposal and acceptance (ijaab and qabool) and the presence of at least two witnesses.
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
