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Did husband intend to give talaq when he said those words?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
assalamualaikum,. In angry condition my friend’s husband used this type of sentence “get out from house,go to bangladesh “.”no need to carry family life with such female.? “it is not possible to lead domestic life with you” . “no , it will not possible to carry family life with you”. Finaly at the last incident husband again told her to go bangldesh. also said,”which day that i will give you talaq”(this is not certain).”you have created situation that it is remaining to say ‘talaq’word from my mouth”or talaq from mouth). Later she asked whether he had any intention to give talaq in the state of saying those words ?He said,’no,i had no intention to give you talaq. ‘never i had any intention that i will say you that word(talaq).when i became too much angry in that situation i had care that if i say the “talaq” word then it will be effective thats why i never say the word .but i told you another words .but saying those words i never mean that i have given you talaq.also i had no knowledge that this type of words can occur talaq. mufti saheb what is the solution for them? they have to marry again? what is the definition of intention of talaq(saying implicit word) ? If husband mesal ki torof se apne biwi ko somjha ne k liye kaha ki ? mere niyot to talaq hai?or say definitely(that is ,he expresses his actual mental condition by saying only the sentence ? my intention is talaq?),is it occur talaq? If wife says,?our talaq has been occurred? is it causes talaq?? please answer all these question..


(Fatwa: 48/3/D=1432)

In the question mentioned above, no talaq would take place if the intention of husband was not to give talaq by saying words like: “Get out from house”, “Go to Bangladesh”, “No need to carry family life with such female”, “It is not possible to lead domestic life with you”. And the meaning of your friend’s sentence” do you really intend to give talaq”, is that did you intend to give me talaq with this word? In its reply, if the husband said, no, then no talaq will take place. If husband says just to make his wife understand that he intended to give her talaq, then one talaq (bayin) shall take place. If both want to live together, they would have to go through fresh nikah, and in future the husband would only have the right of two talaqs.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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