Fatwa: # 34774
Category: Divorce (Talaaq)
Country: New Zealand
Date: 26th March 2019

Title

I will leave you or I will give you Talaq

Question

Assalam Alaikum wr wb


I have done some research before asking you this question. Also read questions on this topic on askimam, some were close but not exactly that applies to my scenario. If you could reply to this that would be much appreciated in sha Allah. JazakAllah Khair.


Few years ago my wife and I had argument, both of us don't remember the exact happenings of the event. My wife was pregnant with my second child. What follows is to the best of my rememberings:


Following arguments I warned her that if she leaves the house then a) I will leave you or b) I will give you Talaq. We are unable to recall If I uttered the word Talaq or said 'I will leave you' 'Main tumhe chor dunga'. Despite me warning her she got out of the house and probably sat down in the front yard of our house and returned back in some 5-10 mins.
I understand if the words were clear (Talaq) then it would be Talaq Raja'ee and I could take my wife back during the iddat time. But If I used unclear words like 'Main tumhe chod dunga' then I might need to marry her again. Regardless of words being used I am certain that my intention was to warn her only (that I have the power to leave you if I wish) and not to give her literal Talaq.


Could you please help me in this situation:

I am sure I might have done some research during that period before taking her back - but in the last few months I have attended sessions on this topic and listening to scholars on these issues. It's getting very difficult and really need your scholarly advise to make sure that we are living our life in genuine relationship.

Look forward to getting your reply.

Jazak Allah Khair

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Brother in Islaam,

Your statements “I will leave you” or “I will give you Talaq.” do not constitute talaaq as they were in the future tense. They were mere promises[1]. However, we advise you to refrain from using the word talaaq even if it is just to warn your wife.

 

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

 

Checked and Approved by,

Mufti Ebrahim Desai.

 

 


[1] تنقيح الفتاوى الحامدية (1/ 269)

صيغة المضارع لا يقع بها الطلاق إلا إذا غلب في الحال كما صرح به الكمال بن الهمام

 

البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (3/ 271)

وليس منه أطلقك بصيغة المضارع إلا إذا غلب استعماله في الحال كما في فتح القدير.

 

النهر الفائق شرح كنز الدقائق (2/ 340)

فإن لم يكن له نية لا يقع في الحال

 

احسن الفتاوى (5/ 148)

 

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