Assalamu alikum Mufti sahib! If a person says to his wife in Urdu “Haraami” which means unlawful child of parents without any intention of Talaq, will this effect Nikah or constitute Talaq? JazakaAllah
Answer:
In the name of Allah, the most Beneficent, the most Merciful.
In the aforementioned question if the man did not intend Talaq then this will not have any effect on the Nikah nor will it initiate Talaq.
It is stated in al-‘Inaayah:
”When he says to his wife “you are haram upon me” he will be asked regarding his intention, because this can have many interpretations which cannot be clarified except with the intention […] If he says “I intended a lie” then it is as he has said. Talaq will not occur […] because his wife is halal upon him. Thus his words “you are haram” is against the reality hence it is false.” (al-‘Inaayah, commentary of al-Hidaayah 5/462, Fataawa Hindiyyah 1/487)
It is also stated in Fataawa Darul Uloom Deoband:
”The husband must be asked, did he say this statement “you are haram upon me” with the intention of Talaq or was it merely with the intention of insulting or retribution. If his intention was not of Talaq then as long as he has not given Talaq she (the wife) will not be able to marry a second time.” (Fataawa Darul Uloom Deoband 9/394 referenced to Shaami 12/82)
Only Allah Knows Best
Written by Mufti Abdullah al-Ma’mun
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham.