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f:356 -    Saying Talaq without intention of divorce
Country : India,
Name : Syed Khaleel
Question:     I have heard that while giving divorce (i.e. by saying "Talaq"), it is necessary to have the intention of giving Talaq and that by simply saying "Talaq," it does not apply.  Is it correct?
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Answer:     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:  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.

And Allah (Subhanahu Wa Ta'ala) knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia
Founder-Director Abul Hasanaat Islamic Research Center]
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