Does the sentence "Let's just separate," from husband mean divorce?

ASKING:

Assalamualaikum.

chaplain, I want to ask. For example, a husband says "let's just separate," to his wife, but the wife is silent, does that include falling into divorce, Ustadz?

Please answer, thank you.

Salam,

Fulanah

ANSWER:

Wa'alaikumussalam warahmatullahi wabarakatuh.

According to various references and opinions of scholars, there are several types of lafazh used by a man in divorcing his wife:

1. Lafazh which clearly implies thalak (divorce), such as by saying: "I am your thalak (divorce)" or "You, I am thalak". When this lafazh is used, thalak will immediately fall even though there is no intention.
2. The lafazh used is lafazh which contains elements of kinayah (figurative) or lafazh with multiple interpretations, such as saying: "Go home to your parents' house!", Then the lafazh requires an intention.

The word "separate" is included in this second category, because the lafazh could mean: "We will separate for a while" or "I will separate you". This requires tahqiq and the husband's intention, whether the meaning of the words means divorce, or is it just separation in the usual sense.

Thus, wallaahu a'lam bish-showâb.

Regards!

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