Assalamualaikum Mufti Sahab,
During an intense argument with my wife, I suddenly became self physical aggressive (jumping, hitting walls, rolling on the floor and crying).Seeing this, my wife ask my elder 19 year old son, who just enter the room, to stay away from me for his safety. Listening to her words and showing concern of son safety rather than asking him to check how am I doing, I said my son ‘Nikal gaye meri zindagi se’ in Urdu and 'she’s out of my life' in English without any intention to leave or break our relationship. Upon hearing these words saying to my son, my wife replied 'why are you saying that to him, say 3 words to me and end this relationship'. I did not respond to her anything and left the room. Do such statements count as Talaq in Islam, if said in anger indirectly to my son but, not my wife directly?
Around 19 years ago during similar argument, I said “tum azaad hai jo karna hai karlo" to my wife over the phone. I discussed the situation to local scholar who asked my intention in saying those words. I replied him that I was not sure about intention so, he advice me to do nikah which I did the next day, as per his guidance, over the phone while we were in different countries.
Kindly please advise what is the proper Islamic guidance in current situation. Jazakallah Khair
Since there was no intention of divorce when the words "She’s is out of my life" were spoken, no divorce took place as a result of those words. However, if the conversation at that time was about divorce and these words were spoken during an argument, then one irrevocable divorce (ṭalāq bā'in) would take effect.
"نکل گئے میری زندگی سے" چونکہ ان الفاظ سے طلاق کی نیت نہیں تھی اس لیئےان الفاظ سے طلاق واقع نہیں ہوئی، لیکن اگر مذاکرہ طلاق تھا اور جھگڑے کے دوران یہ الفاظ کہے گئے تو ایک طلاق بائن واقع ہوجائےگی ۔
الفصل الخامس في الكنايات "لا يقع بها الطلاق إلا بالنية أو بدلالة حال")الهندية 410/1: دارالکتب العلمیہ)