Husband telling his wife "Utalliquki"

Q: Me and my husband were talking about something. I said to him mostly as a joke that I’d like to adopt a child one day from Africa and he got angry thinking that I’m attracted to African men and wanting black kids. This was a misunderstanding but my husband said "I divorce you and you can find another man". He said in Arabic utalliquki which can mean "I divorce you" (now) but my husband said that he meant in the future which counts as warning and not talaq. So I’m scared because this word utalliquki can mean both. 

Is this case treated by the intention of my husband which was to speak about the future "I will" even though he used this word utalliquki.

A: If he used the Arabic word "Utalliquki", and in the Arab land where you live, this word is mostly used in the present tense, then one talaaq-e-raj'ee (revocable talaaq) has taken place and your husband's intention will not be considered that he intended the future tense. Therefore, if this is the first or second talaaq which he issued, then he can make rujoo and take you back into his nikaah.

In the Arab land where you live, if this word is not mostly used in the present tense, but is used equally in the present and future tense, then in this case, if your husband said that he intended the future tense through this word, then he will be believed and no talaaq had taken place.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)