Question
A woman said to her married sister: "It is better be married to another man." The husband in anger said to his wife: "In that case find another husband for yourself." Is this statement Talaaq? If yes, what type of Talaaq? The husband says that he had no intention of Talaaq. He made this statement in anger to rebuff the drivel and shameless remark of his sister-in-law. A Mufti says that it is one Talaaq Baa-in, and the marriage has ended regardless of the husband's intention.
Answer
The Mufti has erred. In an ambiguous statement, niyyat (intention) is the determinant. If the husband says that he had no intention of Talaaq, then Talaaq did not come into effect. The Nikah remains valid and intact. The sister-in-law acted with extreme immodesty and ignorance.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 20 No 04
- PDF page
- 5
Appears under Questions and Answers (approximate).