-
Sounds And Divorce?
Question:
Salam Alaykoum,
If someone wants to divorce his wife but not utter nor pronounce any words of divorce and just only sounds come out of his mouth (like when the tongue rocks the teeth or the mouth palate or the gums) and these sounds means yes, is it count as a divorce? Thank you.
Answer:
The ruling in the Hanafi Fiqh with regards to mispronouncing and distorted words is that talaq will occur.
If the Husband prior to pronouncing these words made two witnesses and explained to them he is using these words in order to get rid off some doubts and that he has with no intention of Talaq, then talaq would not have been executed through these words.
Ibn Nujaym the author of BahurRaaiq, explains the issue of mispronounced and distorted words of Talaq by saying;
“They are five, Talaq (With Taa), Talaagh (Taa), talaqh, talaak, talqak (with Taa). This will be effective in court and his (Husband) claim will not be considered unless he has witnesses prior to using the words, where he tells them that his wife is seeking a talaaq from this, but he has no intention to give her talaq, hence saying it like talaq. (BahurRaaiq p.252 v.3)
In the situation in question talaq will occur since the intention of divorce was there and no witnesses were took aside to clarify that these words or sounds to do not mean divorce.
Only Allah knows best.
UstaadhaBint Salih.
DarulIfta Birmingham
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
I want to ask here in the above-mentioned question no words of divorce/talaaq are spoken by the person.
So Does divorce occurs just by the sounds of mouth produced by a person as mentioned in the question?
-
4 Replies
-
Sounds And Divorce?
updated 2 days, 19 hours ago
2 Members
·
4
Replies
-
It is not that complicated. If one has serious and conscious intention to divorce, one needs to intimate it to one’s wife. If the man stopped and changed his mind before uttering it, it didn’t occured.
Marriage is a contact just like any other contract. You have to formally terminate it with clear intention and proper words.
In the case cited above divorce didn’t take place.
-
Sir Irfan what about the doubts and thoughts of divorce that appears in mind.
For example.
Husband said to his wife.Go to your mother house or leave my house or leave me etc.
All of this is due to anger.he doesn’t want or means to divorce his wife.
But while uttering these sentences or words to his wife.
A sudden thought passes from the husband’s mind which is that you intends to divorce your wife and husband becomes confuse later on that what actually happened.
But he himself knows that he didn’t want to divorce his wife while saying that sentence it’s just a thought that appears in his mind while uttering the sentence. And later on these thoughts confuse him that divorce happened or not.
Husband often becomes confuse about his different sayings that whether it is divorce or not.
Additional point
Husband is suffering from ocd and waswas.
I will be very thankful to you if you reply me that in all this scenario does divorce happens?
-
Ignore these thoughts. They cause no effect.
-
Sir irfan if a person have intention to divorce his wife but before he completed the sentence.
“I divorce you”.
He just said “I divorce” but not utter the word “you”.he just stopped on divorce.
Case :1
Intention was there but he just stopped saying the full sentence.
Case 2:
He changed his mind and also changed his intention of giving the divorce to wife.
But in both the case he stopped on the word divorce but didn’t complete or utter the full sentence which was “i divorce you”.
In both cases did the divorce occur?
Kindly reply…
-
This reply was modified 2 days, 19 hours ago by
Muhammad Rohaan Tahir.
-
This reply was modified 2 days, 19 hours ago by
Sponsor Ask Ghamidi
