Fatwa: # 19343
Category: Divorce
Country: Pakistan
Date: 28th June 2011

Title

1) During an argument with my wife I said her that go away, leave me, ....Has the talaaq happened? 2) I said my wife that if she will not keep relation my family then I will give you divorce. Where this stands?

Question

1) During an argument with my wife I said her that go away, leave me, I am making you independent from me, like words and it will happen while we were discussing talaaq she is having her periods at that time but I said these words without any intention but in response of her questions regarding divorce like she was asking that give me divorce. Has the talaaq happened? If so then how can I raju’ her? Still she is having periods.

2) I said my wife that if she will not keep relation my family then I will give you divorce. Where this stands?

 

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

1) If your wife told you to give her divorce and in response to that you said the words stated in your query, go away, leave me, I am making you independent without the intention of divorcing (talaq) your wife, then those words do not constitute talaq.[1]

2) The statement I will give you divorce does not constitute divorce.[2]

And Allah Ta’āla Knows Best

Mawlana Ali bin Cassim
Student Darul Iftaa

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net

 

 


[1]رد المحتار - ط. بابي الحلبي - (3 / 297)

قوله ( قضاء ) قيد به لأنه لا يقع ديانة بدون النية ولو وجدت دلالة الحال

[2]الفتاوى الهندية - ط. دار الفكر - (1 / 384)

في الْمُحِيطِ لو قال بِالْعَرَبِيَّةِ أُطَلِّقُ لَا يَكُونُ طَلَاقًا إلَّا إذَا غَلَبَ اسْتِعْمَالُهُ لِلْحَالِ فَيَكُونُ طَلَاقًا

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