Dr. Mufti Syed Ziauddin Naqshbandi Mujaddidi Qadri

Shaykh Ul Fiqh, Jamia Nizamia; Founder - Director


Abul Hasanaat Islamic Research Center

Mufti Maulana Syed Zia Uddin Naqshbandi Quadri

Shaik-ul-Fiqh - Jamia Nizamia


Abul Hasanaat Islamic Research Center

Shariah rules about divorce and separation

Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia
Saying 'Talaq' without the intention of divorce

Saying 'Talaq' without the intention of divorce

 

The ruling in the light of the Hadith is that if any person says the word, "Talaq," then the intention is not considered, as the word "Talaq" is used only for separation between the couple.  It has got no other usage and sense.  Thus, if the husband used the word "Talaq," without any intention, even then divorce occurs.  As given in Sunan Abu Dawood, Vol.  1, Pg.  No.  298, Hadith No: 1875:

 

Translation of Hadith:  It has been narrated on the authority of Hadhrat Abu Hurairah (May Allah be well pleased with him) that the Holy Prophet (Sallallahu alaihi wa sallam) said:  There are 3 things in which seriousness is also seriousness and joking is also seriousness: Nikah (Marriage), Talaq, Raja'at (i. e.  uniting after the first revocable divorce).

 

As given in Durre Mukhtaar, Vol.  2, Pg.  No.  465.