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Fatwa CenterDivorce in the present tense is an indirect pronouncement of divorce
Question
AoA, Shaykh please guide me I am so in pain and please answer me as soon as possible, because it would be my 3rd talaq if this counts. Allah rewards you the best. In an argument he said in his mouth a complete sentence in urdu language ,main tumein ta la .q. di, I divorce you but when he said word talaq he made tiny pauses like ta la. q. After 3 days when I asked him ,first, he did not remember it but when I reminded him he said I did not say complete word talaq. Then I said I heard you said, main tumien tala ,q.. di I divorce you by making small pauses. Then he said it is not only tala q there is also a alif (a) in word talaq ( May be he thinks he did not say complete word talaq by saying tala. q, and I think he wanted to say a complete sentence of divorce but with incomplete word of talaq by skipping Alif like tal, but instead he ended up saying a complete word talaq but with tiny pauses like, I give div orce ,ta la q, to ..you. because he say he can not lie in the matter of talaq because he will be responsible in the day of judgement, and he swears, he did not say alif but at the same time he says he said Tala which made me so confused because when he said ta la, he already spoke Alif with la). Since I was close to him, and was looking at his lips, he said I divorce ,Tala then Q with pause and he finished sentence with ,di, give you, again by making a pause. Would not be it a complete word of talaq and then no matter what his intention was and how he said it, does this count a divorce because he intended to speak explicit word talaq in an argument with complete sentence but he swears to Allah that he did not intend for talaq and if he wanted to divorce me then he would had said clear word talaq out load, with no pauses. I am very worried and confused about it. Please guide me ruling of this kinds of talaq pronounciation. I told you his statement. I hope you do understand my question. Waiting for responce
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
It should be noted that the indirect pronouncement of divorce does not take place except with the husband's intention.
As long as your husband informed you that he did not intend to divorce you while uttering those words, the divorce did not take effect because the husband's intention is the main consideration in case of the indirect expressions of divorce and (his word would be accepted in this case because) he knows his intention better than anyone else.
Allaah Knows best.
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