please help me and my wife had an argument and i have said to her here is your car keys and your house keys bye bye

Answered according to Hanafi Fiqh by Askimam.org

 please help me and my wife had an argument and i have said to her here is your car keys and your house keys bye bye  meaning i left you i think was just angry and wanted to punish her or make her worried and i don’t  really know  what my intention was when i said these words,  i left the house but came back after 20 minutes when my anger goes and we said sorry to each other and continued normal, and we never had anything like that agian, i don’t think i was ready to divorce her but i was angry with her . and i am having doubts of my intentions when i said these words. am just confused this happened 8 months ago and now she pregnant, please help

having known these words could be considered divorce i am 100% sure i wouldn’t have said it wallahi i love my wife and i think the reason why said these words is because i wanted her to stop this arguments i think, but i wasn’t sure if i wanted to divorce her maybe i was treating her or something, i really cant not remember what was going through my head but i wouldn’t give her talaq i wount like to issue with talaq  but i dont think i have had firm intention to divorce her  maybe i was just angry and wanted to make her afraid. but i dint think i wanted to leave her for good that’s one thing i am sure of whats my situation brother,is she still my wife?  i wrote to Islamic sharia council uk and this is what they said (These words without clear and firm intention of divorce,  will not constitute an Islamic Divorce.) is this correct because if this is correct my intention was not firm for divorce. jizaka kallah brother

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaayah)

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 effect divorce whether one intends divorce by them or not.[1]

Kinaayah means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaayah words do not effect divorce unless one intends divorce through such words.[2]

The use of kinaayah words with the intention of divorce effects talaaq-e-bain and when a talaaq-e-bain is issued, the nikaah terminates immediately.[3]

In the case in reference, you told your wife: “here is your car keys and your house keys bye bye.” These words are (kinaayah) allusive and would constitute a (talaaq-e-bain) irrevocable divorce only if you had the intention of giving her talaaq.[4]

You state that you did not intend divorce. Accordingly, the statement does not constitute divorce. You should exercise precaution in the use of your words in the future.

 

And Allah Ta’āla Knows Best

Muhammad Haris Siddiqui

Student Darul Iftaa
Melbourne, Australia 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

 

 

 


 [1] الطلاق على ضربين صريح وكناية فالصريح قوله أنت طالق ومطلقة وطلقتك فهذا يقع به الطلاق الرجعي “لأن هذه الألفاظ تستعمل في الطلاق (الهداية ج2 ص378 رحمانية)

 [2] و اما الضرب الثانى و هو الكناية لايقع بها الطلاق الا بالنية او بدلالة الحال… (الهداية ج2 ص389 رحمانية)

[3]  الكنايات لا يقع بها الطلاق الا بالنية أو بدلالة حال كذا في الجوهرة (عالمغيرية ج1 ص374 رشيدية)

[4]  اذا نوى بها الطلاق كانت واحدة بائنة و ان نوى ثلاثا كان ثلاثا و ان نوى ثنتين كانت واحدة (الهداية ج2 ص389 رحمانية)

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