Ambiguous words of Talaaq

Saying to one's wife "I give you one"

11 years ago By admin

Q: I am married and I had a argument with my wife. Whilst arguing one thing I said to her whilst in anger was “I will give you divorce” My intention
was that I would consider a talaaq not give a talaaq. We carried on arguing and I kept telling her to be quiet and speak to me slowly. She did not and this made me very angry and in that situation I said "I give you I give you one" realising that what I was about to say could break our marriage I stopped short of saying anything else. I did not mention the Talaaq  word when I said “I give you” as I realised what it would mean I had given divorce. It was not my intention to give talaaq, my intention was to stop the argument. I have been told that I have used kinayah words and because I had realised what it would mean if I had said the Talaq word and I stopped short of saying the actual word and I did not have intention of divorce, the Talaq has not taken place. Can you please confirm that what I have understood is correct. Please note I follow the Hanafi school of thought.

Husband telling the wife "Tumhe azadi ho jo chaho dekho"

11 years ago By admin

Q: One day in a fight my wife on her freedom to watch any program on Television, she said she will watch anything on Television irrespective of my stoppage. I said that "Meri taraf se tumhe azadi ho jo chaho dekho lekin suba gane mat suna karo". Please advise in the light of above circumstances if my above sentence constitute Talaq e Bain as I heard azad word constitutes Talaq without any intention?

Telling one's wife "go" in an argument

11 years ago By admin

Q: I suffer from wasaawis, but not on a major level, just mildly. I was arguing with my wife and she kicked me. After this I said go. My intent
was if that is how you are going to treat me then just go. At the same time the thought of divorce kept going through my head. Then I thought to myself this could mean divorce and immediately thought to myself I am not intending divorce. Did divorce occur in this situation?

Ambiguous statements of talaaq

11 years ago By admin

Q: I still don't understand about ambiguous statements. I know that wanting a divorce is not the same as issuing a divorce, so how come if a husband says "I don't want to be with her" falls under kinaya statements of divorce when the statement is referring to the future? Nonetheless, if husband says to wife "you'r free" or "you are free", how come this is considered as a revocable divorce and not irrevocable divorce? If there is a difference of opinion on these two matters is it permissible to follow the one that is easier due to hardship reasons?

Husband telling the wife to leave the home and never come back

11 years ago By admin

Q: If the husband tells his wife after 2 years of their marriage that he doesn't love her he doesn't feel anything for her anymore after every little argument, and also he doesn't fulfil her huqooq and taunt her all the time, if wife is quite everything is fine but if the wife ever says anything to him about his attitude towards her than they have a fight and he tells his wife to leave the house and never come back. He also threatens the wife that he will re marry to someone else. In this situation what should the wife do in Islam point of view. Please help.

Husband saying "Tum Azaad ho"

11 years ago By admin

Q: If a couple are having a discussion on the fone on various issues including divorce then the husband says "you are free to do anything" by which he intends regarding wife's career, then will nikah be affected? Like in Urdu if you say "tumazad ho" then sareeh divorce happens. The couple are pakistani, live there and had the discussion in both urdu and english.

Saying "I do not want anything to do with you"

11 years ago By admin

Q: I married a women who had become Muslim from Hinduism some months earlier. She knew I was married Islamically to another person and knew the family. People doubted her sincerity as a Muslim but I gave her the benefit of doubt. Soon after she became Muslim we started having problems. We agreed that she would not disclose the marriage to anyone as it may create problems, from her Hindu family and my side. During one of our many arguments after she was shouting abuse, I said 'I do not want anything to do with you - it is finished' Is this a divorce ? After a week we made up. Then we had another bust up, in a park after she started shouting abusive things about my wife - I was fed up and said 'I do not want anything to do with you and said something like I divorce you.' She went hysterical and started shouting abuse in front of people in the park. A day or so later, I was driving with her in the car, and did not speak as I was listening to the radio. I thought it would be better to stay quiet to avoid arguing. She proceeded to take some pills and as I reached my destination, she said I have taken these pills and you will now suffer. It was to attract attention, and I said I am going home to see my family and kids, to which she started swearing filthy words and other abuse. At that time I said I do not want anything to do with her and wanted to finish. That same day she had passed the Nikah details to her sister who confronted my first wife who was distraught. Two days later she visited my wife and told her secrets of the private love life and my wife was distressed. I suspected this was an attempt to get my first wife to leave me, which she did not. Then during Ramadhaan she went back to India to her Hindu family - which given that this was to be her first Ramadhaan was a surprise. During communications, I wrote 'every door has been shut'. I even wrote to one of her texts 'look we finished Islamically so many times. You destroyed that finally.' A few days later we began texting in a less confrontational way as there are feelings of much warmth despite the issues . She texted 'Am I still your wife' She went on to write 'According to me you are my husband'. I wrote back 'If that is what you believe that is good...but it is very complex....is there 1 divorce, 2 or 3...if it is 3 its over ...if its 2 its not...2 means final chance....it is that important we make it right.' I went on to write ...'it may mean going to mufti..' 

Taking away the fact that there are bound to be jealousies, and agendas, and suspicions about the motive of becoming a Muslim and marrying me. At the end of the day there is love and whatever she has done has been I believe out of uncontrollable love. I feel obligated to help her and care for her because of her commitment, but then I do see that nasty angry side which has led me to react the way I did over time. Is the marriage still in tact?

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