IslamQA

Words of talaaq used in different areas

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I recently got married. I live abroad and my husband is in Pakistan. One day my husband was angry and said that agar tum Pakistan na ai to meri taraf se azad ho jo marzi kro. When he was calm I asked him what he meant from the word “azad”. He said that he didn’t mean it as divorce but used it as he wounldn’t care about what I do and I am free to do whatever I want and he won’t care. He said the word “azad” once. I wanted to know if it’s condtional divorce? And what if i don’t go to Pakistan will it be considered as one divorce? He assured me that he didn’t use the word azad fot talaq but I read somewhere that if the husband says the word azad while he is angry then there is no need to ask about his intention as he meant it as divorce thats why I am worried. And if I go to Pakistan then would it still be consisdered as divorce? One last thing is that I have to come back to Denmark every six months because of my papers. So I asked him when he was calm if he meant that if this time I won’t come then I am free or every time I have to go back to Pakistan? He said he meant it this time and not for future. I hope you understand my question and can answer me as I am really confused if I should go to Pakistan or not?

Bismillaah

A: If these words are generally used for talaaq in the area you live in, then one talaaq-e-rajee will take place through the husband uttering these words. Hence, in this situation, where your husband had suspended the talaaq on you not coming to Pakistan within a specific period, if the time limit passes and you do not come to Pakistan, then one talaaq-e-rajee will take place.

Note: If these words are not normally used for talaaq in your area, then the intention of the husband will be considered. If the husband intended talaaq, one talaaq-e-baain will take place and if he did not intend talaaq, then no talaaq will take place.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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