Question ID: #4192
Question: valid marriage?
Assalamoalaikum ,

I have a question regarding divorce.

A husband said to his wife during fight and anger that ' If you want I will go to the court and sign the divorce papers'. After that his wife stopped him to not say anything further. The husband then said about 2 times that 'its finished'.

Later when the intention of husband was asked behind saying 'its finished' he said that he just intended to say that no reconcilation will take place ( means he won't speak to his wife that night). He said he did not think about either marriage or divorce when he said the words its finished.

What about if a husband says at other occasion to his wife in anger " Go find another husband" but had no intention of divorce. The husband was asked by wife whether he can put his hand on Quran and say that he had no intentions of divorce or ending marriage by the words he said (mentioned above). He then said 'yes' he can put his hand on Quran that whatever he said he never intended for divorce or ending the marriage.

Please answer this question as soon as possible. Is this marriage still valid according to hanafis?

JazakAllah khair

Answered by: Ulamaa ID 12 (United Kingdom)
Date: 22/12/2012 22:39pm

Bismillahir Rahmaanir Raheem 
Al Jawaab Billahit-Tawfeeq 

Respected questioner.

The first scenario, divorce (talaq) will not occur and the marriage (Nikah) will still remain.

 الكنايات لا يقع بها الطلاق إلا بالنية أو بدلالة حال 
(الفتاوي الهندية ، كتاب الطلاق،
 باب إيقاع الطلاق، الجزء الأول، الصفحة ٤١٠، دار الكتب العلمية)

The second scenario, divorce (talaq) will not occur because he never had intention (niyat).

It states in Shami;
اذهبي وتزوجي لا يقع إلا بالنية وإن نوى فهي واحدة بائنة، وإن نوى الثلاث فثلاث
(الدر المختار مع حاشية ابن عابدين، كتاب الطلاق، باب الكنايات،
الصفحة ٥٥١،  الجزء الرابع
دار العالم الكتب رياض)

And Allah knows best 

Please remember me in your dua's

Maulana Khalil Ibn Elyas Laher

London, UK