Answered by: Mufti Eunus Ali
Question
If a husband gets close to his wife and his wife is not feeling well or is tired and she does not want to get intimate, so he tells her ‘I promise I won’t do anything or if he says I promise I won’t touch you’ By this, he means at that moment he will not have any physical contact with her. Does talaq take place by saying this statement?
In the name of Allah the Most Beneficent, the Most Merciful
Answer
There are two types of talaq:
- Sareeh: This is when the husband explicitly and clearly issues his wife a talaq and there is no possibility of the statement having an alternative meaning. A revocable divorce will take place.
For example, the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.
In this category, the intention of the husband will not be taken into consideration. [1]
- Kinayah: This is when the husband uses unclear phrases or words accompanied with the intention of talaq are used to issue a talaq to the wife. A divorce absolute will occur as a result of this and the couple will not be allowed to reconcile the marriage without performing the nikah again.
When the talaq is implicit and not clear, the intention of the husband will be taken into consideration.[2]
In regards to your question, talaq will only take place if the husband had the intention of talaq at the time of saying such statements.
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyyah
[2] Al-Lubab Fi Sharh Al-Kitab, Page 443-444, Al-Maktabatul Umariyyah