IslamQA

Using kinaya words of talaaq without the intention of talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My marriage is in 10th year. During the first two three years of my marriage, when me and my wife have a heated arguement, in the rage of anger, I asked her to go to her father’s house, so that I can get some space to cool my anger. I used different kind of words as “I don’t want to see your face”, “Go away”, “I will not show my face again” and many more words that I don’t remember. I don’t know how much time this happened, but it happened at least 10 times or more.

Now I came to know about Talaq with kinaya words, I am worried that if my marriage is valid or not. Your answer says that if those words are used in your area. I want to tell you that in my area, only the word “talaq” is used to give talaq.

Also I want to state that my intention was to find some lonely space when I uttered these words. But I doubt that in rage of anger, it is quite possible that I have feelings to get rid of my wife forever.

So, my question is that if a husband does not remembers that if has pronounced kinaya words, will be benefit of doubt will be given to the husband or not? Or, for the sake of “ahtiyat” and “taqwa”, should I separate from my wife as I am fearing that if “zina” is taking place between us.

Bismillaah

A: If you did not intend talaaq then no talaaq will take place with these words.

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

 

Answered by:

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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