Husband is continuing with the marriage even though he said Tum Farigh Hoh to his pregnant wife

Answered according to Hanafi Fiqh by DarulIftaBirmingham

My husband called me and said on phone. In urdu tum mayry taraf say farig ho per main (huaband) kuch ker nahi sakta because kay tum pregnant ho .Per jub pregnancy finish ho gy tu main (husband) azad ho ga .but after 2 days we continue our married life.


 Answer:

The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

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. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)

The kinaya words effect talaaq bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

Regarding your question, the words “Tum Farig Ho” is considered to be kinaya words of talaq, (Fatawa Hindiyyah p.375 v.1) which means that talaq will only occur if the husband made the intention of talaq or not. In your situation, your husband seems as though made the intention of talaq in terms of talking about the Nikah being finished after the Iddah, therefore, the conclusion we can come to is that one irrevocable talaq will occur. Your nikah has broken, but you can get back together again by redoing the nikah without the need of doing halalah.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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