Do the Words “Stay at Your Parents’ House Independently for Your Whole Life” Imply Divorce?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
What is the ruling if a husband says to his wife in anger, stay at your parent’s house independently for your whole life or (forever)? Does divorce occur by such words?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. I am sad to hear about this.
Divorce will be affected if your husband intends to divorce (talaq) you by saying, “stay at your parent’s house independently for your whole life.”
If a husband pronounces an indirect allusive statement (kinaya), then it will only count as a divorce if a) a possible interpretation can take place, b) one intended divorce when saying it, or c) the situation stands in the place of an intention, such as if done in the state of anger or while discussing divorce. [Ibn ‘Abidin, Radd al-Muhtar]
Given the considerations in such cases, please consult reliable local scholars and a marriage counselor about the situation’s specifics. Jazakum Allah khayran.
I pray to Allah Most High that He facilitates ease for you both and destine what is good for you, pray to Allah Most High to guide and direct you both, Amin
Check these links:
Does Divorce Come in Effect in Extreme Anger? (seekersguidance.org)
Do These Statements Entail a Pronouncement of Divorce? (seekersguidance.org)
A Little Fiqh on Controlling One’s Anger – SeekersGuidance
Shaykh Faraz Rabbani – “The Position of Islam on Divorce, Adoption and Abortion” – YouTube – SeekersGuidance
What are the Wisdoms behind the Rulings on Divorce in Islam? – SeekersGuidance
What is the Purpose of Marriage? A Muslim Perspective – Shaykh Faraz Rabbani – Bing video
divorce Archives – SeekersGuidance
How Does One Perform The Prayer Of Need (salat al-haja)? – SeekersGuidance
Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org)
I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey.
He started his early education in the UK. He went on to complete hifz of the Quran in India, then enrolled into an Islamic seminary in the UK, where he studied the secular and Alimiyyah sciences. He then traveled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh, and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences.
He currently resides in the UK with his wife. His personal interest is the love of books and gardening.
