Praise be to Allaah.
implying divorce may be explicit, which are usually used only in the case of
divorce, or implicit, which are used in the case of divorce and other
In the first
case – explicit – divorce takes place even if it was not intended.
second case – implicit – according to the majority of Hanafis, Shaafa’is and
Hanbalis, divorce does not take place unless there is the intention of
divorce, or there is further evidence that what is intended is divorce, such
as when it is done in the case of anger or there being an argument, or if
the wife asks for a divorce. In that case divorce takes place even if he did
not intend it. Basing the ruling on further evidence to suggest that which
is intended is divorce is the view of the Hanafis and Hanbalis. See
al-Mawsoo’ah al-Fiqhiyyah (29/26).
‘Uthaymeen (may Allaah have mercy on him) favoured the view that implicit
phrases did not count as divorce unless that was the intention, even if that
was in the case of anger, argument or the wife asking for a divorce.
al-Sharh al-Mumti’ (5/472-473).
phrases means using the word of talaaq (divorce) or phrases derived from
phrases include such things as saying: Go and stay with your family, or I do
not want you, or I have no need of you, or Allaah is giving you a break from
are phrases concerning which there is a difference of opinion as to whether
they are explicit or implicit. This includes the word firaaq (separation).
The view of the majority is that this is an implicit phrase. The view of the
Shaafa’is and some of the Hanbalis is that it is an explicit phrase. The
more correct view is that of the majority, and this is the view favoured by
Ibn Qudaamah (may Allaah have mercy on him) among the Hanbalis, because:
word firaaq (separation) is mentioned in the Qur’aan in the sense of
separation between spouses, it is also mentioned as meaning other things.
fast, all of you together, to the Rope of Allaah (i.e. this Qur’aan), and be
not divided among yourselves [wa la tafarraqu]”
people of the Scripture (Jews and Christians) differed not [wa ma
use the word frequently in senses other than divorce. End quote from
To sum up:
Implicit phrases do not mean that divorce has taken place unless that was
the intention of the husband.
husband’s saying “This is a separation between me and you” is an implicit
phrase. Based on that, if your husband did not intend divorce thereby, then
divorce has not taken place.