If the husband said ‘You are haram on me’ and ‘ You are free from me’.

Answered according to Hanafi Fiqh by DarulIftaBirmingham

I had conflict with my husband on minor issues like cooking. He did not talk to me for 2 months (usually he can go upto 1 month). I tried to apologise, but he did no say a word. Then I tried get help from a friend, he refused to have a discussion. I thought he might have depression and I suggested him via email to get help from GP. He got angry and sent me a text (as he was not talking) saying that dont come home and he will send me the divorce papers. I came back home from work and we had an argument during which he said ‘ You are haram on me’ and ‘ You are free from me’. Next day he sent an email to my father saying that he is not happy with his married life and it is time to take our separate paths. Now he says he did not say ‘haram’ ‘azad’ with the intention of divorce, otherwise he would have said exact words. I want to know whether divorce has been commenced or not.

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

Words such as ‘you are haram upon me’ will effect a Talaq Sareeh Baain. In other words one irrevocable divorce will occur straight away even though the husband did not make an intention for divorce. One will be required to redo the Nikah again. (Ahsanul Fatawa p.183 v.5)

Ibn Nujaym, the author of Bahrur Raaiq has said:

“…It is stated in Qeeniyah, that if he says, You are a haram woman (or anything similar), and he did not intend Talaq, it will be effected.” (Bahrur Raaiq p.301 v.3)

In an earlier fatwa which can also be found on the Darul Ifta Birmingham website I have mentioned that word such as ‘I freed you’ or ‘I have let you go’ are ambiguous words in general, however these sentences have been used in everyday language in place of Talaq thus by saying ‘I freed you’ once or twice will constitute one or two Talaq Raji.  If it is used thrice then the wife will become unlawful to the man forever.  (Raddul Muhtar p.530 v.4)

However, after consulting my respected teachers regarding this issue, they said ‘I freed you’ or ‘I have let you go’ is considered a Talaq Raji or a revocable divorce if one says it in the Urdu language. If one said ‘I freed you’ or ‘I have let you go’ in English it will constitute one irrevocable divorce if one made the intention of divorce. (Fatawa Hindiyyah, V1, P374)

The conclusion we can come to is that as the aforementioned words were uttered in the Urdu language, two revocable divorces have occurred. Your husband would be allowed to revoke the divorce and take you back within your waiting period which is of three menstruation cycle. You will have to redo the marriage if your husband wants to get back to you after the expiry of the waiting period.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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