ASKING:
Assalamualaikum, Chaplain.
Ustadz, I want to ask a question. If my husband says that he doesn't want to be with me anymore, he tells me to take care of a divorce, and he feels better living alone, does that mean divorce?
Just now my husband spit out such words to me.
Thank you, Ustadz.
Salam,
Fulanah
ANSWER:
Wa'alaikumussalam warahmatullahi wabarakatuh.
When viewed from the side of the sentence used, talak is divided into two types.
First, talak sharih. Talak sharih is talak which is pronounced using a word or sentence which is explicit (overt) for talak, namely the word "talak" or "divorce". As a husband says to his wife, "I divorce you!", "I divorce you!", And "You are confused."
Sharih divorce does not require the intention of the husband. If a husband divorces his wife using sharih words, then his divorce has fallen, even though the husband does not intend to divorce his wife.
Second, talak kinayah. While talak kinayah is talak which is pronounced using a sentence that can be used for talak and can also be used for other things. In other words, talak kinayah is talak which is pronounced by the husband using the word satire.
Talak kinayah can be said to be valid if it is accompanied by the husband's intention. If the husband intends to do this when he utters the sentence, then indirectly, his divorce has fallen. However, if the husband does not intend to divorce when he pronounces it, then the wife does not fall. If there is no divorce, there is no law or consequence. As if nothing had happened.
Meanwhile, a divorce that has fallen (legal) cannot be canceled. However, the husband can still return to marriage with his wife by way of reconciliation. The way to refer to it is simply by saying, "I refer you". Nor does it require witnesses and the wife's consent when reconciling.
Wallâhu a'lam bish-showâb.
Regards!
Answered by: Ustadz H. Ahmad Fauzi Qosim.
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