Fatwa #1159921 May 2004United Kingdom
Would Talaaq be valid in the circumstances when I just said 3 times to my self that “I divorce you” without the intention of divorcing her?
Question
AssalamoAlaikum. Since my marriage, I had some serious arguments with my wife on several occasions over the phone. She is presently living abroad. On one particular occasion, after hanging up the phone, I could not concentrate at all on my job. In order to divert my attention from this problem and focus on my job, I said 3 times to my self that ?I divorce you? without any intention of giving divorce to my wife. Now I want to know that would Talaaq be valid in the circumstances when I just said to my self that ?I divorce you? without the intention of divorcing her? In fact I was alone at home and no body knew about it and no body heard it except my ears and I had no intention to divorce her. The reality is, if I knew that Talaaq might be valid with the mere utterance of the words ?I divorce you?, I would not have said that. Please advice me purely in accordance of Imam Abu Haneefa. Jazakallah. AssalamoAlaikum
Answer
The words ?I divorce you? are clear and unambiguous. In Shari?ah, they are referred to as Sareeh (clear).
When such words are uttered, there is no need for a Niyyat to take place for the Talaaq to fall. Similarly, it is not necessary for one?s wife to be present and for her to hear the words of Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
When such words are uttered, there is no need for a Niyyat to take place for the Talaaq to fall. Similarly, it is not necessary for one?s wife to be present and for her to hear the words of Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai