Fatwa ID: 04866

Answered by: Mufti Mohammed Tosir Miah

 

Question 

 

My husband said “I’m finishing my rishta with you” then he said to my dad at the same time “I need to tell you a few things and then I’m finishing my rishta with her” 4/5 months later he left home and said to my sister that “I will be posting the paper through your door in a few days”

 

 

 

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

 

 

Answer

 

Before we look at the respective rulings for each of the statements your husband uttered, I will first give you the Islamic ruling regarding the different words or statements a person can use to effect a divorce.

 

The words which affect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

 

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words affect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)

 

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not affect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)

 

The kinaya words affect talaaq bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

 

“I’m finishing my rishta with you”

This statement is ambiguous. If your husband intended divorce or the circumstances indicated that he did mean divorce, for example, the discussion of divorce was going on, then one Talaq Baain will occur. A Talaq Baain will break the marriage straight away. However, if your husband did not intend anything the marriage will be intact.

 

I need to tell you a few things and then I’m finishing my rishta with her”

 

This statement in Arabic is called Taleeq. It means ‘having a connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then the dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example, the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

 

The ruling of the aforementioned statement will be that if he after telling your father a few things intended divorce from the words I’m finishing my rishta with her” then like above one Talaq Baain will occur. 

 

“I will be posting the paper through your door in a few days”

 

No divorce will occur.

 

 

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham