Fatwa ID: 05384
Answered by: Mufti Muhammad Imad Ali
I and my wife have an argument on SMS and I said to her that you are haram on me and from the first day. At that time I have no intention of separation or talaq, I was in extreme anger. Words are used in SMS not by saying. Kindly help me with what has happened to our relationship.
In the name of Allah the Most Beneficent, the Most Merciful
There are two types of words that affect a divorce.
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 to divorce by them or not. (Hidayah p 359 v 2, Raddul Muhtaar p 465 v 2, Fatawa Hindiyah p 354 v 1)
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 p 373 v 2, Raddul Muhtaar p 501 v 2, Fatawa Hindiyah p 374 v 1)
The kinaya words implement a talaaq bain when one intends divorce by them. (Hidayah p 374 v 2, Raddul Muhtaar p 507 v 2)
Regarding your question, we can conclude from the above-mentioned information that your marriage will remain intact because you didn’t have the intention of Talaq when you stated the words “you are haram on me”.
Only Allah knows best.
Written by Mufti Muhammad Imad Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham