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f:707 -    Making a mistake in name of wife while pronouncing divorce
Country : Hyderabad, India,
Name : Name withheld
Question:     A certain person in our family had an argument with his wife and out of anger said:  Farhana!  Talaq! Go.  The name of his wife is Farzana.  Later on when he calmed down, he was told that he had not taken his wife?s name, but another name.  He said that he had wanted to divorce his wife.  If the divorce is not affected, fine.  If it is, he will revert.  Please guide us?
Answer:     In buying, selling, marriage, divorce, etc. the words uttered will be taken into consideration, not the intention.  However, in some affairs, the Niyyah (intention) will also be considered even though by mistake something else has been said.

Among these issues, one is that if the husband desires to divorce his wife, but takes another name instead of the wife’s name, then considering the Niyyah, the divorce will be affected.  As given in Bahr Ur Raiq, Vol. 3, Pg. No. 442.

As detailed in the question, this person uttered another name instead of his wife’s name.  Then as he had wanted to divorce her, a revocable divorce has been affected.  If he wants to revert to her, he can do so within the Iddat.

And Allah The Absolute and The Eternal knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director Abul Hasanaat Islamic Research Center]
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