TALAAQ-DIVORCE

  1. Explaining Talaaq to Wife
  2. If you do the opposite of anything I tell you, you are divorced
  3. Three Talaaq and Staying in One House
  4. What to do about an abusive husband ?
  5. Issue of Three talaaqs
  6. Informing Mother-in-Law of Talaaq
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239 Comments

  1. assalamualikumwarehmatullahiwabarakatuhu!

    i wantd to know if a wife takes khula under pressure n the husband utters the word talaaq though he didnt intend to thrice during the khula procedure n thn later dey want to get married again thn wht is the right way?
    وعليكم السلام
    باسمه تعالى
    Khula’ is taken in the situation when it becomes impossible for couples to maintain the marital tie and the husband refuses to give Talaaq. During the procedure of Khula’, if husband gives three Talaaq even without intention, the marital ties break completely and the couples become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man free of condition and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)

    Therefore, the couple can not reunite in the case referred to in the question without Shar’ee Halalah, the procedure mentioned above.
    والله اعلم

  2. I have fallen in love with a Muslim (Sunni) woman and she is also in love with me (I am a Christian), we are both currently married with children and would like to get married to each other as quickly as possible. What are your recommendations to do this under Islamic law/way? We both feel that we have found true love in each other. Thank you so much for your guidance and help
    السلام على من اتبع الهدى
    I recommend and invite you to come under the fold of Islaam full-heartedly in order to get everlasting enjoyment or else share your love and affection with any Christian woman as there are many who really need life-partner and leave spoiling the life this poor woman resulting in eternal grief and sorrow.

  3. I am ready to come under the fold of Islam, I am ready and prepared to do anything for this woman. What should my next steps be? Need your help and guidance
    السلام على من اتبع الهدى
    Dear Brother, if your intention for embracing Islaam is just to get married to that woman then it will be for that what you have indented and will be rejected in the court of Allaah. One must embrace Islaam in order to please Allaah and His Rasool without having any intention for gaining worldly benefit. Since one who embraces Islaam for Allaah’s sake will get success in both lives and however believes for worldly benefit will be deprived of everlasting success. Therefore, check the intention and correct it.

  4. I am embracing Islam with good intention. This woman is an exemplary Muslim woman for me and my motivation for taking Islam as my religion. I do not intend to convert back once I am married to her. So my intentions are all noble. Can you please guide me now.
    السلام على من اتبع الهدى
    Dear Brother, unlike other religion, Islaam is a complete way of life. A person after embracing Islaam has to change his previous way of life and take the last and final prophet Muhammad as an ideal in every sphere of life. The situation may turn against a newcomer to Islaam and his own family members will torture him in different ways even threatening his life. On being ready for all these sacrifices and hardships, you may inform us of your full address so that further steps may be taken with ease.
    الله يهديك

  5. Al Sallam 3aleikom,

    I am a muslim girl living with my parents. My parents a few weeks ago got in a really really really big fight. They were yelling and they were very angry. And my father uttered the third divorce. When I talked to my father after the fight (at night) he told me that saying was an accident and that he didn’t mean to do it. The 2nd divorce was 10 yrs ago and the first divorce happened 19 years ago. Is this divorce valid? A few days ago my father became very sick and we had to call the ambulance. While in the hospital my mom took care of him, and now at home she still takes care of him (they are good to each other). I don’t understand the situation that I am living in, and what is the Islamic ruling on how to resolve the situation.

    I have attached a link, which will allow you to download the fight if you want to hear it.

    http://www.sendspace.com/file/u48lhq

    Thank you very much for your time and Sallam 3alleikom.
    وعليكم السلام
    باسمه تعالى
    Talaaq given in anger is valid even if it is not uttered without any intention and hence the third Talaaq which is uttered during the fight and anger mode is valid and the marital ties between the couples have broken completely and they have become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)

    Therefore, your parents can not communicate with each other nor can they reunite without Shar’ee Halalah, according to the view of the majority of Sahabah, Taabi’een and the consensus of the Imaams of FOUR SCHOOLS OF THOUGHTS. They must immedialty separate from each other and make sincere Taubah for communicating with each other and staying together after the third Talaaq.
    والله اعلم

  6. Dear Mufti Sahib,

    One day I said “My nikah is broken” and some other occasion I said “My wife is haram on me” I said these words without the intention of divorcing my wife. My question have these words without the intention of divorce constituted the Talaaq?

    Jazakallaho Khaira
    السلام عليكم
    باسمه تعالى
    Dear Brother in Islaam, the first phrase, “My Nikaah is broken” does not constitute the Talaaq whereas the second one, “My wife is Haraam on me” constitutes the Talaaq Bain even without intention. “قال لإمرأته أنت على حرام (إلى أن قال) يفتى بأنه طلاق بائن و إن لم ينوه لغلبة العرف.” (رد المحتار, باب الإيلاء)

    Therefore, the marital bond between your wife and you has broken in the case referred to in the above question, and both of you cannot reunite without remarriage provided that two Talaaqs have already not been given.
    والله اعلم

  7. Could you please also answer this question

    On many other occasions I said to my wife that
    1. Mai tumhay jodh deta hon (let me leave you)”
    2. Mai tumhay jodhta hon (i leave you)
    3. Tum apnay ghar chali jai (you go your home)
    4. Mujhay tumhari zaroorat nahi hai (I don’t need you anymore)
    5. Dafa ho jao (Get lost)

    Are these words Saheeh in Urdu. I said these words in normal mode without the intention of divorce.

    Thank you in advance.
    السلام عليكم
    باسمه تعالى
    Dear Brother in Islaam, the phrases you have written in Urdu are difficult to pronounce and hence these phrases have been written in Urdu as per the translation mentioned in the question and the Shar’ee ruling concerning each phrase has been stated respectively in the following.

    میں تمہیں چھوڑ دیتا ہوں، میں تمہیں چھوڑتا ہوں، تم اپنے گھر چلی جا،مجھے تمہاری ضرورت نہیں،دفع ہوجا”

    The first two phrases constitute Talaaq Raj’ee even if these sentences were pronounced without any intention. The third phrase constitutes Talaaq Bain if pronounced with the intention of Talaaq and the denial of having the intention will be accepted with an oath. The fourth phrase does not constitute any Talaaq. The fifth one constitutes Talaaq only when said with the intention of Talaaq.

    The ruling may differ from phrases to phrases and situation to situation.
    والله اعلم

  8. ASLAM O ALIKUM

    i have a question i was in love with a girl but both of us are sunii but her parents got her marry to her cuzin since she was engaged to him for long time but she never liked him even after marriage we kept talking since she told me she never slept with him anyhow one day she told me she did sleep with him but i thought since her husband is saying and swearing to QURAN that he never did with her she might just be lying so me and her and her husband we made deal since she never liked him he agreed upon it that he give her verablly divorce he said this over the phone to her in punjabi main tainoo TALAQ DENA TALAQ DENA TALAQ DENA with intentions to give her divorce but later on due to family pressure he denied but i have his recording of voice where he accpet it he divorce but due to his sister was married to my gf brother he was scare the he might leave her or he might not come to usa since girl was usa citizen we ran away from house since we know divorce occured but the MANNATS i asked that i will fast for 2 month when we get together i kinda didnt do it worse get to worse she was pregenet but i was still willing to keep her but we end up aborting the child which i regret even in iddah we were living togther

    my question is i cry in pray and ask for forgiveness now her dad still sent her back to her old husband in pak they divorce was not valid and it didnt occur you help arent they commiting zina now cuase i want to do nikkah with her they say in pregnency u cannot divorce so you help me if she has abortion and we were together for 3 months after divorce im confuse i want her back and doing wazifaz and praying please help me i want go for UMMRAH with her and be a good MUSLIM or should i leave her alone if you think she is still in his nikkah thank you
    Wa alykumus salaam
    Brother in thi matter you are blatantly disregarding the issue of you interferening with a married woman, running away with her during her pregancy and still seeking help to get her to be divorced from her husband and to get married to you???
    My personal advice to to fear ALLAH and leave her alone.Put your trust in ALLAH and you will find someone better inshaALLAH. Do you not realize that abortion is equal to murder???Sincerely ask ALLAH for forgiveness and change a new leaf.

  9. Dear sir,

    I given talaaq to my wife during big fight between with ou any region. I told talaaq, talaaq, talaaq three time in tension. Now I want to know that is this talaaq valid? I given talaaq in tension only. Plz reply me can we stay together or not. This happen only as an accident.
    Asslaamu alaykum
    Talaaq uttered in anger or in happiness both are valid. If a person isno9t angry will he ever utter the word “talaaq”? In a hadeeth it is narrated that there are three things wether uttered in anger or in jest (joking) thats effect. 1. Talaaq . 2. itaaq (freeing of a slave) 3. Nikaah. (tirmidhi)

  10. Janab Mufti sahib,
    Assalam o Alaikum,
    Mera masla yeh hai ke mai ne apne shohar ki baato se tang aakar kaha ke mai ghar chor kar ja rahi hon phir kabhi wapis nahi aongi to mere shohar nai kaha ke “dheek hai tum chali jao mai tumhay chor deta hon tumharay bhai tumhari kahi aur shadi karadengay” unho ne ye alfaz ghusse ki halat mai baghair talaaq ki niyyat ke kahe.

    Ek mufti sahab se pucha to unho ne kaha ke ” Mai tumhe chor deta hon ” se talaaq nahi hoti “Mai tumhe chorta hon” se Talaaq ho jati hai. Jabke dosre Mufti sahab ne yeh bhi kaha ke “Mai tumhay chor deta hon ” se bhi Talaaq ho jati hai agar pas manzar mai mustakbil ki baat nahi chal rahi ho to.

    Mera sawal yeh hai ke mere shohar ke in lafzo se koi Sharee Talaaq waqai hui hai ya nahi.
    Qa raai se pata chalta he ke un ka irada is jumle se talaaq nahin he. Talaaq unki niyyat se parega. agar niyyat nahin tu talaaq nahin.

  11. since my wife doesnt want to live with me. in my married life ie 10 month she spends only 3 to 3.5 month with me since she dosent want to live with me therefor in the presence of third prson( saalis suleh karne wala) I given the conditional statement of talaaq on 1st march 2009 ie on or before decision has not taken and my wife will not came till 15th march 2009 then understand that on 16th march there will be one talaaq to my wife. so what will be iddat period? how much days? I dont know exactly about her monthly period, I think that it is on starting of month? when we both can marry to another? iddat srarts from 1st march or 16th march?
    Assalaamu alaykum
    If according to your conditional talaaq she does not return by the date stipulated then automatically talaaq takes place when the condition lapses. With it one talaaq baain takes place. For ruju from talaaq baain renewal of nikaah is necessary if the couple wishes to get together again (reconcile). The iddat period is like any normal talaq i.e. three haidh periods passing. Ruju whether during iddat or after iddat needs renewal of nikaah.

  12. assalamu alikum wa rehmatullahi wabarakatuhu
    one or half month before my conditional statement of talaaq since my wife is in her home i said her to come and live with me several time that is in two to three weeks daily twice i said same but she said “no, not now i will come after, there is time” each time she answered same and also not giving the proper reason and time where she will come.therefor at last time I said to my wife that “you dont want to come then dont come”. without inention of talaaq but the intention to put weightage to the statement and realise the effect of statement that are she ready to come or not. So due to these statement and intenion are any of the talaaq is imply? if yes then please say me which talaaq it is are talaaqe hasenaah or any else? and how much talaaq imply? Including my shartiya talaaq, total talaaq will be how much? (kya koi bhi thalaaq wakea huvi hai? agar huwi hai toh konsi talaaq huwi hai or kitni huwi hai aur mai ne baad me ek shartiya talaq dee hai toh total kitni talaaq hogai ab tak mai sirf shartiya talaaq hi ko talaaq samajh raha hoon is tarah meri nazar mai sirf ek hi talaaq huwi hai brahe karam shariath k mutabik meri islah kijiye or agar meri wife raazi khushi k saath mere saath zindagi guzaarne k liye tayyar hojay toh kya mujhe ruju karna hoga ya phir mai ne ruju ka haq kho diya matlab ke kya teen talaaq hogai? barai karam zaroor bataiiye k kitni talaaq huwi hai? aur ham sabhi ke liy dua kijiye.)
    Wa alaykumus salaam
    It you mentioned those words without any intention of talaaq the no talaaq occurs. In talaaq where clear words ( know as kinaaya) niyyat is shart.

  13. i was sitting alone and said ” If i divorce my wife” and then kept silence after saying this loudly.
    will this cause any Talaaq.
    Assalaamu alaykum
    If does not cause Talaaq. Words of certainty are required.

  14. AOA.my friend name is Jaam Muhammad.after few days of his marriage he came to know that his wife had some un islamic and unethical relations with another person.so clash occured and she turned back to her home.Due to efforts of some family members she agained joined her husband.after some time again they had conversational fight with each other and Jaam Muhammad said,”i do not want to live with u “,”u do not have any care of me so i do not want to live with u”,”leave my home”,tum mujhay khush nahin rakh sakti”, plz tell me whether the condition of talaq imlies by these sentences.if yes than which condition and what is the possible remedy of this situation.thanks and regards
    Wa alaykumus Salaam
    It will depend on his niyyat and what the discussion was about. If he intended talaaq then one talaaq e baain will take place. He has the right to remarry her with her consent if they wish. However if he did not intend talaaq at that time then she will still be his wife.

  15. how long a man will responsible to pay nafqah to his ex-wife and his/her five daughters aged 22 , 21 , 19 , 18 , and 17. I am paying them since last 16/17 years. There is no chance that they love their father, and they neither want to live with their father nor want to see his face anymore. I donot know where they live in Lahore. what is their address . what is their phone No , except one account No of my elder daughter. they just want, money should be sent to them every month. Please tell me how long i will have to pay them according to ISLLAAM.Jazakallah Khiara.
    Assalaamu alaykum
    Nafaqah for he wife is only in the iddat period. As for the children , if they are staying with the mother then they are the responsiblity of the father. Therefore he has to provide for their upbringing. When hey are married your duty of nafaqa ends. i think some contact has to be made to find out the reality of the childrens condition.

  16. Assalam o Alaikum
    Mai ne apni biwi ko kai moqon par taqreeban 4 se 5 martaba mandarja zel jumle kahe
    “Mai tumhe chor deta hon tum kahi aur shadi kar lena”
    “Mai tumhe chor deta hon tum kahi aur shadi kar lo”
    “Mai tumhe chor deta hon tumhare bhai tumhari kahin aur shaadi karadenge”
    “Agar tum chahti ho to mai tumhe chor deta hon tum kahi aur shadi kar lena”

    Mandarja bala jumlon se meri niyyat kisi kisim ki Talaaq dena nahi thi aur na hi mera maqsad ya murad yeh thi ke mai apni biwi ko Chor raha hon balke yeh murad thi ke mai tumhe chor dunga aur phir tum kahi aur shadi kar lena.

    Jamia Islamia Binori Town, Karachi ke ek Mufti sahib se pucha to unho ne kaha ke “Mai tumhe Chorta hon” se Talaaq hoti hai kio ke is me saael direct hukum sadir kar raha hai jabke “Mai tumhe Chor deta hon” se nahi hoti agar saael ki is jumle se murad mahez khahish ya irada hai aur woh us waqt chorne ke lihaz se nahi kah raha.

    Kia farmate hain hazraat Ulama-e-Karam saael ke mandarja bala alfaz ko madde-e-nazar rakhte hue ke agar in alfaz se murad mustakbil hai to Talaaq-e-Rajee waqai hui ke nahi?
    Wa alaykumus Salaam
    Janaab meri faraaghat khud jamia islamiya binnori town se hoon. Bas men aapko yehi jawaab deta ho jo pehle de chuka hoon.
    Talaaq ki do qimenhe.
    1. Sareeh
    2. kinaaya
    Sareeh woh talaaq he jismen saaf talaaq ka lafz istimaal hota he. Us se talaaq e raj ‘ ee waaqi hota he.
    Kinayah woh talaaq he jis men lafz e talaaq ke bajaaie koi aur lafz istimaal hota he. Haan usmen niyyat ki zaroorat he. Agar talaaq ki niyyat ho tu aik talaaq e baain waaqi hota he.

  17. Mufti Sahib,
    laikin mai ne suna aur padha bhi hai ke “Chorna” ka lafz Urfan Sareeh hai.
    Please clearly batain mere case mai koi Talaaq hui ke nahi.
    Shukariya. and sorry for bothering again and again.
    Janaab AAp aapke ilaaqa ke ulema se ruju karle . Unko urf se ziada pata hoga. Urf mukhtalif ilaaqaa men faraq hota he.

  18. assalamu alaikum wa rehmatullahi wa barakatuh
    since after giving conditional divorce there is 3month passes and till date i not rujue.my sasur (ie wifes father) says”ek talaak diya hai toh doosree aur teesree bhi de de “so if he force me to give 2nd and 3rd talaak but i think that IDDAT period is over so nikah breaks and she is not in my nikah if really IDDAT is completed then what i have to do ? I dont want to give 2nd and 3rd talaak and also dont want to rujue. so if due to pressure i given the divorce then are it will be count if IDDAT is really complete? (i dont want to give 2nd and 3rd because of in future if we both want to marry then we can marry easily without any HALALAH)
    Wa alaykumus Salaam
    If the iddat is over, automatically she is no more in your nikaah. Talaaq will not be valid if given out of nikaah,
    Also one talaaq given is sufficient and when the iddat lapses she is out of your nikaah. If the parties wish to get together again, a new nikaah has to be performed.
    Wallahu a’lam

  19. Salam,
    I was going alone and said in Urdu ” Mai tumhe Talaagh deta hoon”
    Will this constitute any Talaaq as I intentionally pronounced the Talaaq word wrongly as “Talaagh” in order to avoid Share’ee Talaaq to take place.
    Please reply if this has constituted any Share’ee Talaaq despite pronouncing the Talaaq word wrongly?

    Wa alaykumus Salaam

    Even the mentioning of talaaq without adressing someone does not constitute talaaq. Therefore by merely mentioning talaaq without intending giving anybody talaaq will not be regarded as talaaq.

  20. Could you please explain me the following Arabic ruling with reference to above Question asked earlier
    هاهنا خمسة ألفاظ تلاق وتلاغ وطلاغ وطلاك وتلاك عن الشيخ الإمام الجليل أبي بكر محمد بن الفضل رحمه الله تعالى أنه يقع وإن تعمد وقصد أن لا يقع ولا يصدق قضاء ويصدق ديانة إلا إذا أشهد قبل أن يتلفظ به وقال إن امرأتي تطلب مني الطلاق ولا ينبغي لي أن أطلقها فأتلفظ بها قطعا لقيلها وتلفظ بها وشهدوا بذلك عند الحاكم لا يحكم بالطلاق بينهما (الفتاوى الهندية)
    Thanks
    It states that there five such words when uttered (to the wife)تلاق وتلاغ وطلاغ وطلاك وتلاك ( wherein the ط is changed to ت or the ق is changed toك or غ ) then talaaq takes place if he says it purposely and intend that talaaq does not take place. When ruling is given his word will not be accepted although it will be acceptable by allah. Yes if he made someone a witness that his wife is pestering him for talaaq and he wishes to do so then his word will be accepted with the condition that it was previously brought to someones notice.
    this is the verdict mentioned in fatawa hindiyyah.
    I think it co incides to the fatwaa given where we mentioned if the wife was intended or adressed, then talaaq tkes place.Mispronounciation of words mean nothing.

  21. I also got following Arabic rulings from darulifta deoband site with reference to my question
    ویقع بھا أي بھذہ الألفاظ وما بمعناھا من الصریح ۔۔۔ وفي الشامیۃ: قال في البحر ومنه الألفاظ المصحفة وهي خمسة فزاد على ما هنا تلاق وزاد في النهر إبدال القاف لاما (شامي 4:459)
    So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur.

    So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur.
    shami9659@gmail.com
    Shami
    ASSALAAMU ALAYKUM
    Please furnish with the following to get a proper ruling.Ruling can only be given if full details are given
    1. when was the words uttere?.
    2.Why were the words uttered?
    3 In whose presence was it uttered?
    4. What was your true intention at the time of uttering?

  22. Mufti sahib
    thank you for taking time to ponder on my serious issue. Here’re answers to your queries
    1. When was the words uttered?
    Ans: It’s about 2-3 weeks ago I was going alone and suddenly divorce thought came into my mind and I always try to avoid it. I said “Mai tumhe Talagh deta hon” so it doesn’t happen.
    2. Why were the words uttered?
    Ans: B/c divoce thought came across me several times and I suddenly and in slow voice to myself said ” Mai tumhe Talagh deta hon”
    3. In whose presence was it uttered?
    Ans: No one was present I uttered them while I was alone and walking. I didn’t think about my wife while saying these words.
    4. What was your true intention at the time of uttering?
    Ans: I had no intention but thought “Mai tumhe Talagh deta hon” does not cause to occur Share-ee Talaaq. When I visited darul ifta site I was shocked to see that mispronouncing Talaaq word may also cause it to occur.
    ASSALAAMU ALAYKUM
    The mere utterance of the word talaaq does not constitute talaaq. There is a necessity of intention or a discussion of talaaq. Therefore in your circumstance of uttering talaaq will not be regarded as talaaq..

  23. Dear Sir
    I am in big problem i know that talaq is the most hated action in the eyes of AlMighty Allah.

    I live in KSA for job i have been in nikkah around a year and my wife is living with her parents as we have to do rukhsati InshahAllah in a year or 2.

    4 months back i went to pakistan and my wife was also living in my house though we had never done intercourse but we were having an intimate relationship there and we also spent time alone as well.

    Unfortunately one day lot of divorce thought was comming in my mind and i was thinking how people do this thing while thinking i placed my self in the shoes of person who do this and think if i do this and there i uttered “May tumhay talaq deta hoon <>” Honestly speaking i was not thinking to divorce my wife.

    After this incident i was having intimate relationship my life as well

    please guide me i am in deep sorrow.
    Assalaamu alaykum
    i would like you to clarify certain issues before an answer can be given.
    1. Did you utter hese words verbally?
    2. What did you intend when saying these words?
    3. Was there any reason for the thought and utterance of talaaq?

  24. Thanks for your answer please help me i have done this jut because of tha lack of relegious knowledge which i am trying to improve.

    Here are the answers of your questions

    1. Did you utter hese words verbally?

    I could’nt remember if i uttered till talaq or i stopped at word talaq and pronounced it wrongly or i uttered the whole sentance.

    2. What did you intend when saying these words?

    At this time i was not having any grudge against my wife secondly as i told you in my question that
    i was just loud thinking and was assuming how people do this and assumed myself in place of such a person.

    3. Was there any reason for the thought and utterance of talaaq?

    As i told you in my previous explaination i was just thinking about divorce and how a man do this thing.Its not like i had fought with my wife and assuming that i am giving talaq to her.

    Please pray for my deen and dunya please i beg you solve my problem i am in deep trouble.

    Jazak Allah Khair
    Wa alaykumus salaam
    Thoughts of talaaq does not constitute talaaq. Intend is necessary, wether talaaq is uttered jest or inanger.A person is not responsible for thoughts until brought into action.Therefore in this circumstance talaaq will not fall.

  25. if a husbend wife want to separate and and husbend says i cant utter word talaaq to and wife says ok then give me a three miss call i will understand u had given me a talaaq and husbend thinks in his mind that i m giving you three talaaq and gave her a three miss call is talaaq valid or not
    Assalaamu alaykum
    If this was an agreed upon condition for talaaq being issued and He intends talaaq at the time of sending the misscall then it will be valid. As according to his intention three talaaq takes place.

  26. kuch jamaiten kahti hen ke 3 talaq sath men deny se nahi hoti aur kuch kahty hen ke talaq ho jati he to plz help me ke 3 talaq sath men deny se ho jay gi ya nahi?
    Assalaamu alaykum
    aagar tien talaaq va yak waqt diya jaataa he tu tien hi talaaq hote he.Un se aik aasaan sawaal he jo tien ko saheeh nahin maante hein, unke kiya daleel he. Haan do talaaq dene bhi ghalt he lekin ALLAH ta aalaa ne khud do talaaq saath dene ki ijaazat di he.

    [2:229]
    طلاق دوبار ہے (یعنی جب دو دفعہ طلاق دے دی جائے تو) پھر (عورتوں کو) یا تو بطریق شائستہ (نکاح میں) رہنے دینا یا بھلائی کے ساتھ چھوڑ دینا۔ اور یہ جائز نہیں کہ جو مہر تم ان کو دے چکے ہو اس میں سے کچھ واپس لے لو۔ ہاں اگر زن و شوہر کو خوف ہو کہ وہ خدا کی حدوں کو قائم نہیں رکھ سکیں گے تو اگر عورت (خاوند کے ہاتھ سے) رہائی پانے کے بدلے میں کچھ دے ڈالے تو دونوں پر کچھ گناہ نہیں۔ یہ خدا کی (مقرر کی ہوئی) حدیں ہیں ان سے باہر نہ نکلنا۔ اور جو لوگ خدا کی حدوں سے باہر نکل جائیں گے وہ گنہگار ہوں گے

    [2:230]
    پھر اگر شوہر (دو طلاقوں کے بعد تیسری) طلاق عورت کو دے دے تو اس کے بعد جب تک عورت کسی دوسرے شخص سے نکاح نہ کرلے اس (پہلے شوہر) پر حلال نہ ہوگی۔ ہاں اگر دوسرا خاوند بھی طلاق دے دے اورعورت اور پہلا خاوند پھر ایک دوسرے کی طرف رجوع کرلیں تو ان ہر کچھ گناہ نہیں بشرطیکہ دونوں یقین کریں کہ خدا کی حدوں کو قائم رکھ سکیں گے اور یہ خدا کی حدیں ہیں ان کو وہ ان لوگوں کے لئے بیان فرماتا ہے جو دانش رکھتے ہیں
    Jab do dafa se talaaq hojate he tu tien se bhi hoga Sayyidina umer radhiyallahu anhu ki khilaafat men ijma howa ke tien talaaq tien hi hote he aur munkir ijma khaarij az deen hojata he.

  27. assalamualikum,
    i am a girl in my early twenties and have been married to my husband for the last 2 and a half years. I married him because he seemed quite religious from his outward appearance.i myself observe complete purdah and try my very best to fulfill all obligations towards Allah.i also have a son who is now 1 year old.
    my husband and inlaws turned out to be extremely cruel and greedy..their demands for dowry just wouldnt end even after 2 years, My husband wouldnt pay for my expenses ,wouldnt let me meet my family and expected me to be a slave to his parents and sisters.His mother would call me and my family ugly names and lie to my husband about me. she often told my husband to divorce me.
    i was ready to put up with all of this till my husband started abusing me physically aswell, by then it was just too much to take ,he started beating me every other day .I walked out of the marital house with my 3 mth old baby, my husband never said sorry and never asked me to come bak, after waiting for 9 months iv now applied for a khula in my home country(where my parents live,iv com bak to them).
    I think it is impossible to live with him anymore ,firstly because he has not asked me to come bak,secondly because i now fear for my life with him and his family.
    does taking a khula on these grounds make Allah angry?
    and is taking a khula through a court ok?
    nobody from his side has come to any hearing.
    please answer my questions asap.
    Wa alaykumus Salaam
    Khula is acceptable in the eyes of shariah but it should be for a valid shari reason. ALLAAH mentions in the holy qur aan :-

    [2:229]
    Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah’s limits: such are wrong-doers.
    The portion of the verse in bold explains khul’ah. Khulaa is actually the desolving of the marraige by the female paying or returning mehr in lieu of divorce.This has yo be agreed by the husband. Therefore there should be direct contact with him on the issue.The best method will be to send representative to his house to discuss the matter.
    May ALLAH make it easy for you and grant a suitable solution.

  28. Mufti Sahib, Salam
    Your answer to me about my issue contradicts to following answer by Darul Ifta, Deoband at India.
    ایک دفعہ میں اکیلا جارہا تھا کہ مجھے طلاق کے بارے میں خیال آیا جو کہ مجھے اکثر و بیشتر وسوسہ کی وجہ سے آتا رہتاہے۔ میں نے طلاق دینے سے بچنے کے لیے کہا [میں تمہیں طلاغ دیتاہوں]۔ کیا اس جملہ سے جس میں میں نے جان بوجھ کر طلاق نہ ہونے کے لیے طلاق کو طلاغ کہا، اس سے کسی قسم کی شرعی طلاق واقع ہوئی یا نہیں؟
    21 Jul, 2009
    Answer: 14667
    فتوی: 1104=900/ل
    [طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے، اگر آپ نے یہ جملہ صرف ایک مرتبہ ہی کہا ہے تو ایک طلاق رجعی واقع ہوگئی اور آپ کے لیے تاوقت عدت اپنی بیوی سے رجعت کرنا اور عدت گذرجانے کے بعد نکاح جدید بغیر حلالہ کے اس کو اپنی زوجیت میں لانا جائز ہوگا۔
    Please help what should I do, you say Talaq doesn’t happen when alone without intention whereas Darul Ifta, Deoaband at India says it occurs. Whom should I follow. I am really confused & totally disturbed due to contradictions. Please clarify.
    Wa alaykumus Salaam
    Look at your phrasing of the question in urdu and when i asked you whether you said it out loudly you mentioned that you think you were only thinking and did not mention it out loudy.Therefore if you see the answer there is no contradiction that you make out.-
    [[طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے،
    Therefore its up to you to make up your mind of whether you did say it out aloud and whether you did think of your wife at that time. The ball is in your court.!!!

  29. At the outset, I would like to bring this thing in knowledge that I’ve read it many sources that person suffering from waswasah utters the words of Talaq, it will not count.
    Now in my case where I m sure I’m suffering from whispers about Talaq, I uttered the aforesaid sentence in low voice I mean not much loud & I had no intention of my wife with this sentence. And I had this thing in my mind for sure that Talagh word doesn’t constitute the actual Talaq.
    Please furnish the answer keeping in view above details.
    ASSALAAMU ALAYKUM
    Under such circumstances talaaq will not be valid. You have not given talaaq to your wife.

  30. ASSALAMU ALAIKUM WA REHMAYULLAHI WABARAKATUHU.
    1)KYA EK BADE JANWAR(COW, BUFFALO,CAMEL etc)MEI POORE KHANDAN KE NAAM SE SADQA KARSAKTE HAI(7 SE ZYADAH AFRAAD)?. YA SIRF EK HI KE NAAM KA SADQA HOGA? YA SAAT (7) NAAM KA SADQA HOGA?
    Wa alaykumus Salaam
    Agar sadqa nafli ho tu aik janwar ummat ke liy bhi kaafi hoga. Haan qurbaani men bare janwar 7 hissa hota he.Huzur aqdas salallaahu alayhi wa Sallam ne apni ummat ki taraf se aik janwar zabah kiya he.

  31. I uttered ” Mai tumhe Talagh deta hon” in alone thinking Talaq does not take place
    with Talagh word even if its pronounced with the intention of divorce. But I remember I had not
    thinked about my wife while saying this sentence.

    I saw Darulifta Deoband where it was mentioned in a ruling to someone that mispronouncing Talaq also causes Talaq to take place.

    I got confused I asked Jamia Ashrafia, Lahore over the Telephone and they said Talaq has not occurred.

    Then I contacted Mufti Muhammad Ibne Adam from UK over telephone he said he is unable to answer me and asked me to contact Darululoom Karachi.

    I went to Jamia Binori Town, Karachi personally and they said Talaq didn’t occur.

    I posted question on Alislam.co.za they said Talaq has occurred.

    I posted question on Jamia Mehmoodiyyah they said after asking me details that Talaq didn’t occur.

    I posted question on DarulIfta Deoband they said Talaq has occured. I got scared and confused.

    I asked question from Madressa Ina’miyya grand Mufti Ebrahim Desai of South Africa who passed ruling that utterance of word in reference does not constitute Talaq.

    I asked Mufti Ebrahim Desai to look after Darul Ifta deoband ruling about my case and he said he is certain it doesn’t apply on me. He asked me to place confidence on his ruling and close the issue.

    Now I am thinking that I had referred the sentence to my wife. Now i have questioned from Mufti-e-Azam Mufti Muhammad Taqi Usmani sahib and
    waiting his reply.

    Please help me Mufti sahib.
    Wa AlaykumusSalaam
    when so many people gave you fatwa , i think it is sufficient. Practise on it and leave the issue alone. Otherwise do as you see fit and according to your concience.

  32. assalamualaiku wa rehmatullahi wa barakatuhu.
    deendari kise kehte hai?
    ladka/ladkee deendar hai yeh kaise maloom haoga? deendari ki kya nishani hai?mowjudah zamane k mutabik ladka/ladkee ko dunyawi taalim hai(ssc,hsc,ba,doctor,engineer,teacher etc) aur is k saath NAMAZ AUR TILAWATE QURAAN MAJID KI PABAND HAI , AUR THODI BAHUT DEENI maloomat HAI TOH KYA AISE LADKA/LADKEE KO DEENDAR KAHE Ge? SIRF namaz aur tilawate quraan majid ki paband ladka/ladkee ko deendar kaha jayega ya nahi?
    wa alaykumus Salaam
    Deendaari ka matlab shariat ke ahkaam ko haqq maan na he aur ussi ko apni zindagim men laanaa he/ Namaaz waghaira shriat ka juz he aur yeh har muslamaan ke liye laazmi he. Koi shaks namaz chore tu woh faasiq faajir he.Dhariat ke do pehlu he.
    1. Aamaal aur naiki karna
    2, Shar aur bad aamaali se eraaz karna.
    Dono pehlu ki pabandi hatal imkaan deendaari ka naam he.
    Baaqi shaadi ke muaamala men har insaan apne khaahish ke mutaabiqchoonlete he lekin usmen behter yeh he ke deendaar ko fouqiyat de.

  33. AOA
    a man give three talaqs to his wife about 11 months ago and now they want to remarry after halala… they met many times after their seperation and have intercourse too..

    what was the status of wife’s iddat…?? is iddat has been over after her three menses or not..??
    is halala jaiz?
    wa alaykumus Salaam
    After three talaaqs the wife is haraam for her husband. If after talaaq they meet they are commiting zina and are sinful. The iddat remains the same as was after the talaaq, i.e. three haidh after the talaaq.
    As for halaalaa , i have given a lengthy answer about it. If donr then it will be permissible but it is a shameful aact if donr by agreement which invites the wrath of ALLAH.

  34. AOA
    thanx a lot Mufti sb for ur guidance… May Allah reward you… Mufti sb halala hasn’t yet performed as firstly I want to confirm that the iddat period is over or not.. Now after your guidance I will proceed, but I need to confirm some more points;
    As I know if at the time of nikah, halala isn’t mentioned and nikah has been performed without any condition (although one’s thinking is that this is done for halala purpose) it is permissible… is it so?
    I m sorry if I said something against the ruling of Islam.. My objective is to live with my husband as I love him deeply and he too loves me… but I want to do all this in lawful manner… plz guide me..
    wa alaykumus Salaam
    your iffat ended after three cycles of haidh after the talaaq had been given.
    Halaalaa , although permissible , is a disliked act.The instance mentioned by you will be permissible but in itself is disliked.I equate it to prostituting oneself in a halaal way.One thing to remember that ifor the halaalaa to be permissible, it requires full physical contact with the new spouse and also thereafter divorce and iddat has to be spent to clarify whether there is pregnancy or not.

    • Assalamulaikum,
      I have a question for u, I once had my nekah done and it was then forcibly broken. I really love him and so does he. He still wants to get back with me. But the problem is (I dont know wat its called) that I have to get my nekah done with another man in order to get back with my old husband? What if i am unable to do that. Are there alternatives?

      And one more thing…I dont know y i m asking and telling u this, but my parents are totally against my ex husband…do u know any Duas or anything that will help me convince my parents? I REALLY NEED HELP.
      Wa alaykumus Salaam
      Firstly and foremostly that which you do not know its word will only be necesary if three talaaqs were uttered.
      If three were not uttered then remarriage is prmissible.The so called “halaalaa” will not be needed

  35. Assalam o Alaikum
    If a person with the intention of divorcing his wife pronounces a statement in future tense will Talaaq occur like he says “I will divorce my wife” as I heard that Talaaq only takes place with past & present tenses.
    Thank you
    Wa alaykumus Salaam.
    Intending talaq with future tense is actually informing of intention an not the act.Therefore no talaaq ocurs.

  36. AOA MUFTI saab agar koe admi Allah ki qasam uthata hai k wo falah ladki sy kabi shadi nhi kary ga or agar taqder sy mera nakah us sy hogiya to main usay talaq dy doonga or is py kise kisam ki lachak ko use nhi kronga or agar is py kafara hai to wo b nhi ya kehta hai k main usy teen talaqain dy doon ga to kia wo ladki us par haram ho jaye ge. naiz mufti saab aap kahan sy talaq rakhty hain kia aap deoband sy munslik hain.
    Wa Alaykumus Salaam
    Nahin woh lardki us par haraam nahin hoga. Haan Aap ne mustaqbil men talaaq dene ka shart lagaayaa. Talaaq waaqi hone ke liye app ko khud talaaq dena prega. Haan aaaaaaise ghalat qasm ka thorna behter he aur kaffaarah adaa karna behter hoga.

  37. AOA Mufti mujhy aap ka jawab mila jis ny meri sari khushion pr pani phair diya plz mujjy wo tareqa batain jis sy wo ladki mujh pr haram ho jaye please aap ki badhi mehrbani ho ge.
    Wa alaykumus salaam
    bas un se shaadi karne se parhaiz kare aur kisi aur se shaadi karle.

  38. Assalam o alykm….!!!

    Mera Masla Talaq sy mutaleq hy.

    Meri Rehnumai farmaye ga, mujhy Apky Jawab ka Boht jald intzar hy.

    Meri sahdi ko 18 Months hogay hain. Meri Bewi ajj tak apny App ko hamary Ghr k Mahool kY motabiq nahi Dahal saki. Jab k ek larki 3, 4 Mahiny main apny ap ko Susral k Toor Tareqy or Mahool k Mutabiq Dahal leti hy.

    Mashaullah who Pari Likhi hain or Samjhdar hain, Aucha Bura sub behtar Tareqy sy Samjahti hain.

    Meri Bewi mery sath nahi rehna chati, Mery Waldeen or Tamam gahr waly unsy Naraz hain, Sub is ki Zaban Darazi or bury Rawaye sy Tang hain, Sub k bar bar samjhany or Tamam baton k bawood wo na mani or apny Bahi k ghar chali gai,

    Kai Baar who keh Chuki hy k main Apky Ghar mian kouch nahi, mera Dam Guhta hy, Dil nahi lagta, Main apny Bahi k ghar jana chati haoo, agr mujhy phly pata hota k apky ghar ka Mahool is tarha hy to mian kabhi Shadi na karti, mujhy mery bahi k ghar choor Jana hy.

    Jab k hamari shadi Tamam family or dono k Waldeen ki Razamndi sy hoi thi, or hum dono bhi ek dosry ko Pasand krty thy. mian ny kai barr unsy kaha k agar app nahi rhna chati to Saaf Toor par Batadejye taky main Waldeen sy or unky ghar waloon sy batt kr ky Masly ka hal nikal sakoon.

    Ye masla koi ek bar nahi 7,8 bar hochuka hy pehly to main or mery ghar waly nazar andaz karty rahy k shayed abhi nai nai Sahdi hoi hay Adjust hony main unko Time lag jaye ga, magr jab unki batin or adat Haad sy barhny lagi to Majobran mian ny apni Walda ko is bary mian aagah kia. Unky bhi Piyar SY Smjhany ko koi Ehmiyat nahi di, or meri Walida sy Badsolki ki or meri Walida ko bura kaha.

    Jab is bary mian ghar k degar Afrad ko Elm howa to wo bhi Samjhny k liye aye, magar unky sath bhi is Tarha ka Slook kia, jis sy sub ny unsy bat krna choor di….OR SUB NY GHR ANA BHI CHOOR DIYA.

    Bat yahan par bhi bas nahi hoti, mian ny pher is bat ka Tazkiara Unky Bahi Bahbi sy kia, un Logon ny bhi unko bhot samjhaya, kuch din to Mamla theek raha magar phr kisi bat par Nazraz hojati.

    3, baar unky ghar waloon ko bulwany k baad, or mery Waldeen k samjhany par unki kisi adat mian tabeli nahi ai. Balky mujhy bhi bura kehny lagi k ap mera sath nahi dety.

    Har tarha ki Masalihat or dono taraf sy smjhany k bawjood wo apni adat ko badal na sakin, Ab mian bhot majboor hoo, mery Waldeen or tamam gahr waly mujh sy Naraz hain. wo mustaqil azziyat ka shikar hain, mian bhi unsy bhoot tang hoo.

    Main or meri Bewi dono Pary likhy or samjhdar hain. Mian ny unko Shadi ki Pehli Rat sy LEKAR Akhari Rat tak yahi smjhaya ky dekho MAA, BAAP ko kabhi Narz na karna, Unki kuchi main Hamri Khuchi hy or unki Narazgi or Nafarmani na krna.who chay jitna bhi kuch kahin app aram sy sunna or mujhy batan, kabi Zaban Darzi na karma.

    Mera Talooq Mazhabi Gharnay sy hy, or wo Ek Azad or khuly mahool sy Taloq rakhti thi, who yahi chati thei k unko koi Rook Took nahi ho, Jo Dil mian aye karo. MAA, BAAP or SHOHR ki Hasiyat nahi, KEHTI THI K mian khuly mahool main rhna chati HO, mian ny har tarha unko Deni or Dunyavi TARHA sy agah kia k jis tarha ka Rawayya hy whoo kisi Tarha bhi Theek nahi, Tamam baton sy agahi di. Meri khai hoi choti choti bat unko buri lagti. Meri walida koi bat samjhati to wo bhi buri lagti.

    AB UNKO GAHR MIAN RAKHNA MERY LIYE MUSHKIL HOGYA HY. AKHIR WO MIJH SY NARAZ HOKAR APNY BAHI BAHBI K SAHT UNKY GAHAR CHALI GAY HAIN. MERI WALID OR WALIDA UNSY ISI BAT PAR NARZA HOTY HAIN K YAHAN REHTY HOI HAR TAKLEF HOTI HY MAGAR JAB APNY BAHI K GHR JANA HOTO FORAN TAYYAR HOJATI HAIN.

    SUB GAHR WALON OR WALDEEN NY MUJH SY SAAF KEHDIYA HY AB WO MERI BEWI KO IS GAHR MIAN BARDASHT NAHI KARIN GY, JIS NY HAMARI ITNI NAFARMANI KI OR GHAR KO GHAR NA SMAJHA.

    IS WAJA SY MUJY BHI AB KOI EK RASTA APANA HOGA.

    App meri rehnumai farmye k mian kia karoon,

    1. Aya mian unko Talaq dy kar Azad kr doon..?

    2. Unko Talaq na doon or Bahi k Ghr hi Rhny doon, unka Saman or Degar Jeheez ka Saman wapis bhjwa dion…Taky wo whan Khoch rahin or apni Marzi sy Zindagi guzar sakin?

    3. Meri Walida or tamam ghar waly unko Wapisi ki ejazat nahi day rahY or mian bhi nahi chata k wo wapis aakar koi naya sadma phonchayin…? jo larki 18 mahiny mian apny app ko na badal saki us sy kia umeed rakhi jasakti hy. Mery Waldeen Zaeeyef hain or ghar mian ek Chaoota bahi hy.

    4. Jab bhi hamari larai ziyda hoti thi who keti thi k mujhy kabhi chorye ga nahi, cahy ap mujhy mery bahi k ghar choor ayein. Is Soorat mian kia apni Bevi ko Talaq na dekar Dosri Shadi karsakta ho, hamri koi Oulaad bhi nahi hy..? uski SHARYEE hasiyat kia hy.???

    5. Meri Bewi 6 Bahion ki Akloti Behan hy, meri Saas ka intqal hocuka hy…..main ny us Phely Rat sy lekar Akhri Rat tak kai bar kaha k mian tum ko kabhi nahi chooro ga magar tum ko MERI MAA OR BAAP ko kabhi naraz nahi karna. magar inhoo ny HAR BAAR wahi kia jisy mian ny mana kia..Bhot bar mery walida ky sath zaban cahlye, Walid sab k sath Zaban darzi ki..???

    6. Sharyai tor par kia ye Jaez hy k mian apni bewi ko Choor do, azad kardoon k wo apny bahi k ghr hi rahy, mery gahr waloon sy koi taloq na rakhy. Or main unsy kabhi kabhar jakr milta rahoo. Jab meri marzi ho?

    Mujhy Umeed hy k app mera msala jald Quaran-o-Sunnat ki roshni mian hal frmadin gy…or mujhy is mushkil sy nijat dain gy…
    Main apka mamnoon rahoon ga.
    Jazak Allah

    Wassalam

    B. Abdul
    Wa alaykumus Salaam
    Janab kisi mas sale ke hal men uk tarfa shikaayat se fffesla nahin hoti. Dono tarafain ki baat sunni parti he.Men aap ko mashurah is masala men uswaqt tak nahin de saktaa hoon jab thak unke shikaayaat bhi sunne.
    Aik baat yaad rakhna he ke biwi ko apne quaters(matlab sone ki jagaa aur pakaane ki jagaa jo baaqi se alk ho) unka haq he.Har shakhs apne andaaz aur apne tarbiyat ki aadi he.Kitya app unke waalidain ke andaaz apnaaoge?
    fesla aap ke haath men hai. Jo aap munaasib samjhe , wohi kare.

  39. Assalamualaikum mufti saheb i wanted to ask dat one day i and my husband were talking of his cousin who gave divorce to his wife. While talking my husband said usnd usko talaq di i told him not to utter those words as i get really scared then he asked me ‘accha divorce divorce divorce boluga toh chalega?’ merely to confirm if he can utter those words in englsh i got scared and told him but dont use those words he said khuda janta hain meri niyyat main bas poonch raha tha khuda ko malum hai. Is dis divorce?
    Wa alaykumus Salaam
    The mere utterance of talaaq does not constiitute talaaq.For talaaq to take place the husband has to address the wife and then tell her he is giving talaaq. Here he replied to you stopping him from satying talaaq and mentioned should i use the english word for it? Therefore no talaaq.

  40. If a husband says “You are divorced” to scare his wife so he can get her to calm down and had no intention of really divorcing her and one minute later she has calmed down and they are happy, does that count as a divorce?
    Assalaamu alaykum*
    The utterance of talaaq or divorce by twelling the wife you are divorced constitutes talaaq. Talaaq is not a thing to be played with and its consequences are grave. Talaaq has taken place as Rasulullaah salallaahu alayhi wa sallam said
    talaaq whether said in jest or seriousness both takes place” (tirmidhi)

  41. mufti sahib really thankyou for answering my question… i m so much relived now.. may Allah shower his blessings unto you and may you alwayz live happily in this world and also the world after… Allah aapko jannatul firdoz de… aameen

  42. Asalaamulaikum,

    If a husband is to tell other people that he has divorced his wife (while the wife is away and she does not know) is that classified as talakh ?

    Also the husband lies to the wife that he never said the above yet the wife has more then 3-4 witnesses who are not connected or linked in anyway who claime he boasts to people that he is not married and has divorced his wife a long time ago.

    Please note that the husband has a history of lying and cheating and the witnesses are ghair women and people not linked as family.

    Would appreciate the correct ruling.

    The wife now believes she is divorced.

    Thank you

    Salaam
    Wa alaykumus Salam
    You need to consult the local ulema who will be in the position to listen to both sides of the story and then only can they give verdict on the issue. By listening to one side is not permissible to give a verdict as there is denal from one party.

  43. So then intention is not necessary for a divorce to take place? Do the 4 schools of thought differ on this? (Only because I thought I heard before that intention was necessary). What if a man says I divorce you to his wife while she is menstruating or bleeding from a miscarriage, or even after birth? Would that divorce count? As salamu ailakum. Please forgive me for not saying it before, but I wasn’t even sure if my question would be answered.
    Wa alaykumus Salaam
    All four math haahib are unanimous that talaaq occurs when addressing the wife with the words of talaaq, whether intended or not.of talaaq.
    In a hadeeth rasulullaah salallaahu alayhi wa sallam has mentioned:-
    الطلاق جدهنّ جد و هزلهنّ جد
    In talaaq whether talaaq is intended or said in jest it will take place. (bukhaari)

  44. Plus above the response you gave to me, you replied to someone else and said “The mere utterance of talaaq does not constiitute talaaq.” Can you explain the difference?
    Assalaamu alaykum
    The mere utterance refers to a person using the word talaaq to himself or reading about it. When a person sits and says talaaq without addressing it to someone or intending his wife then there will be no talaaq. While studying islamic studies and you come across the chapter of talaaq and all the words that constitute talaaq to be read, the reading it does not cause talaaq to occur.

  45. Salaam

    If a Husband states to a wife in an email the following for the first time.

    “As far as Islamic divorce i have already said it 3 times and we both know you are no longer my wife and that we are divorced”

    Is this a divorce?
    wa alaykumus Salaam
    Varification will be required to make sure he is the sender of the e0mail. Before that no verdict can be given as it is possible that it is forged.

  46. assalamualaikum…..
    once when i and my husband were fighting… i said ‘main mummy ke ghar jaa rahi hoon’ he said ‘ja apni mummy ke udhar’ in anger and then he said ‘nahi mangti hain tu’ widout intention is dis divorce? coz after one hour i asked him what did he meant by saying it he said’ arre baat ko kaha se kaha le jaa rahi hain tu i said dat in anger dint mean any thing jus dat u made me angry’ is dis divorce mufti saheb?
    Wa alaykumus salaam
    words of talaaq are of 2 types
    1. sareeh(clear) and no intention is required.
    2. kinaayah (unclear) intention is required
    The type od arguement and response are from kinaayaat. Intention of your husband will count.

  47. I also heard that if divorce is said in extreme anger, where the man did not realize what he was saying until later, that it would not count? Is this true, or is this also rumors about islam? As salamu ailaikum.
    ASSALAAMU ALAYKUM
    May i ask who gives divorce when they are happy and calm? None. We have been ordered by the quraan to swallow our anger. If we dont we have to bear the consequences.

  48. I know many people who things were not working out for so they sat down and decided together that it would be best for them if they divorced. I don’t think they were happy but I believe they were calm and rational. Are you saying then, that if someone is not calm or rational and in a fit of anger and they don’t realize what they are saying, a divorce said in that state would count? As salamu ailaikum.
    Wa alaykumus Salaam
    Anger is from shaitaan. His aim is to destroy family ties and by doing so cause dessent and havoc in society. Therefore anger is haraam. Talaaq mentioned in anger is accepted and valid because Rasulullaah salallaahu alahi wasallam mentioned that talaaq said in jest or inn anger both are regarded as talaq.

  49. Last question, insha Allah. Drugs and alcohol are from Shayton too so does that mean a divorce given while under those influences would count as well, because I heard that they do not? Are you saying then, that any time a man says you are divorced to his wife it would count no matter what in Islam? No exceptions? As salamu ailaikum

    وعليكم السلام
    The consumption of wine, alcohol and drugs are all haraam and forbidden. By breaking the command of ALLAH we are defying the decision of ALLAH. On doing so we will be answerable for our utterances while under influence of these intoxicants. Therefore while in this state a person who utters the word talaaq to his wife then it will be valid and accepted in islaam.(As punishment for his sin)

  50. In the hanafi school, If a wife has a 3rd divorce does she have to wait for the idda period to end before STATING her intention to marry another to that intendant?
    And also from all 4 schools, if a husband says you have the second divorce, is that a valid divorce? As salamu ailaikum. I’m sorry for the ‘schools requirement” in the question but I am asking these questions for 2 different people and 1 strictly follows hanafi, and the other follows sunnah so aacepts all 4 schools.
    ASSALAAMU ALAYKUM
    Acceptance of any proposal during iddat is forbidden
    ALLAH TA AALAA mentios in surah Baqarah
    { وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُمْ بِهِ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِيۤ أَنْفُسِكُمْ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـٰكِن لاَّ تُوَاعِدُوهُنَّ سِرّاً إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفاً وَلاَ تَعْزِمُوۤاْ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَابُ أَجَلَهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِيۤ أَنْفُسِكُمْ فَٱحْذَرُوهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌ }
    [2:235]
    There is no sin on you if you hint as a proposal to the women, or conceal it in your hearts. Allah knows that you will make mention of them. But do not make a promise to them secretly, except that you speak in a recognized manner. Nor resolve upon a contract of marriage until the prescribed time is reached. Be assured that Allah knows what is in your hearts. So, fear Him and be assured that Allah is most Forgiving, Forbearing.
    As for the secomd question the qur’aan mentions that divorce that is revocable is twice in surah baqarah
    { ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَٰنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ آتَيْتُمُوهُنَّ شَيْئاً إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِ تِلْكَ حُدُودُ ٱللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَـٰئِكَ هُمُ ٱلظَّٰلِمُونَ }

    [2:229]
    Divorce is twice; then either to retain in all fairness, or to release nicely. It is not lawful for you to take back anything from what you have given them, unless both apprehend that they would not be able to maintain the limits set by Allah. Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release. These are the limits set by Allah. Therefore, do not exceed them. Whosoever exceeds the limits set by Allah, then, those are the transgressors.

  51. if a woman who had a histerectomy in her 30’s so she no longer gets a period and then at age 40 she gets divorced, according to hanafi and then the other 3 schools does she have to wait until menopause (55 years old) to remarry, or 3 months? And if it is 3 months, do you know what the confusion is about having to wait until menopause? and if it is that she does have to wait 15 years, why is that? I always thought iif you get a histerectomy and stopped having a period, that is menopause. Do some schools disagree with that?
    ASSALAAMU ALAYKUM
    hER IDDAT PERIOD WILL BE THREE MONTHS.wAITING TILL THAT AGE IS NOT A SHARII ISSUE.nORMALLY A WOMAN HAS HER MENOPAUSE IN HER FIFTIES, BUT AS YOU MENTIONED IT OCCURRED AFTER THE OP. tHEREFORE NO CLAUSE OF AGE. ALLAH MENTIONS IN SURAH TALAAQ,-
    وَٱللاَّئِي يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاَثَةُ أَشْهُرٍ وَٱللاَّئِي لَمْ يَحِضْنَ وَأُوْلاَتُ ٱلأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً }

    And [as for] those of your women who (read allā’ī or allā’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months — both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.(fROM TAFSIR JALAALAIN)

  52. if one was wrote an email a mufti saab asking for clarification on his talaq issue and then in his writing or he says that i said “such a such to my wife ”
    if the mufti saab says to him it is talaq rajee.
    becuause he is qoating word for word what he had said to his wife does this count again.
    what i mean the email and the words he is quoating exisit again even if he is qoating from a previous conversation.
    ASSALAAMU ALAYKUM.
    qUOTATION IS NOT ONES WORDINGS BUT RATHER THE REPETITION OF PREVIOUS WORDS. bY MENTIONING TH WHOLE DETAIL OF A PREVIOUS CONVERSATION WILL NOT BE A NEW CONVERSATION. hENCE NO NEW TALAAQ.

  53. Assalam o Alaikum
    I was standing in front of mirror and uttering following
    “Talaaq deta hon nahi…. deta hon , deta hun nahi, deta hun kisi ko bhi nahi”
    I uttered them while in alone and without the intention of divorcing my wife.
    Please state if any Talaaq took place or not?
    Wa alaykumus Salaam
    No talaaq takes place

  54. Assalamoalikum

    We married in the month of april. After quarrel and unavoidable circumstances I came back to my mom’s house i.e., after two months of my Nikah. I asked my husband over the phone to written my furniture and other stuff given during my marraige. He replied”No”. Then I asked him that I’ll go to court to get my furniture back as I don’t want to stay in that house. I asked him to divorce me due to his misbehaviour and other issues. He was insisting in saying I will not divorce you. Next day his elder brother came and returned my furniture and asked me to sign on the divorce paper he brought with him. I didnt signed. In the divorce paper (Talaq, Talaq,Talaq, Talaq e bain) This is how it was written. Then after 5 mins my husband called me and said I have not divorced you, it is you who had asked for divorced. When I didn’t sign and didn’t written those divorce paper to them then again I got a paper from the Qazi office in which only (Talaq e bain) this word was written. This is how two divorce on the stamp papers I have recieved.
    After a month’s period my husband chat with me online and said that “I cant stay without u. I never divorced you. When Qazi asked me to utter Talaq, I did not. I sealed my lips. I have just signed the divorce papers he gave me. I want to be reunited and I m ready to keep you in a seperate house. He also told me that In islam if a husband gives divorce to his wife being pressurized by wife then the divorce is invalid.

    On 25th sep according to first divorce paper I will complete my iddat and on 27th sep according to the 2nd divorce paper i will complete my iddat.

    I and my husband never had actual sexual intercourse and I am still virgin. But he has touched me physically and slept with me without clothes. I never allowed him to have sexual intercourse becoz he told me that I wud have no rights on my kids and all my kids decision wud be taken by my husband’s father. (Which I found is not according to shariah, being his wife even I have rights on my kid whom I ‘ll concieve and bear pain for 9 months).
    Question:1 (As I m virgin, do I need to follow iddat period?)

    Question:2 (Is my talaq valid as he divorced me being pressurized by me?)

    Question:3 (In first paper “Talaq” is written thrce with “talaq e bain” and in second paper only the word” Talaq e bain” is written. Which paper should I follow and can we reunite without halalah?

    I am very tensed and in a delima whether i m still married or divorced. Whether I shud perform iddat or not. (since last three month I had performed 3 month iddat which will be completed on 25th or 27th sep).

    Question:6: After Iddat period also can we reunite without halalah?

    Question: 7 (If talaq e bain has happened between us then does it mean 1 irrevocable talaq or 2 irrevocable talaq?)

    Question 8: (Please clear whether we can still unite or not?)

    Please answer me at the earliest.

    Allah hafiz
    Wa alaykumus Salaam
    1. since khalwat saheeha (seclusion for a period of time where husband and wife are in total privacy) has taken place , Iddat will be compulsory
    2. Talaaq uttered or agreed upon by the husband is valid. The talaaq falls through.
    3. writing of three talaaq and then mentioning talaaq e baain does not make any sense. If three is uttered or written then the talaaq gven and it will be mughallazha, whereby remarriage can only take place after you marry someone else and he divorces you and you spend your iddat from that marriage. I would like to know if you have the first copy in your possession? Iddat will count from the first letter received informing you of your talaaq.
    4.If the first letter is in your possession and it clearly states the talaaq word thrice then you will not be allowed to remaarry unless you marry another first.
    5. Talaaq bain refers to one irrevocable talaaq.

  55. Thanks a lot to clear my doubts.As u asked me to send u my talaq papers. Please tell me where I can email or fax it to you?

    Please pray for us. We are three sisters staying with our mom who is an arthiritis patient and stays on bed completely. We have no meheram. We have no father. We three work and follows strict pardha. Unfortunately the man whom I was married decieved me and divorced me. So please pray for we three sisters to get the best husband at the earliest, Please ask Alllah to send a man who follows islam practically in his life, who fears from Allah and who knows the responsibilities towards his wfe, who knows to respect his wife and this beautiful constitution of marraige.

    Also please tell me how we can get the groom. As we follow strict pardha, we have no contact with any relatives as we dont want this divorce to be disclosed to others and unneccessary question asked by others which can lead the worst health of our mom. How we can get any good rishta for us? How we trust any man? Who will verify them for us? What islam says about these kind of situations? Should we just leave thinking about our marraiges and work for the whole life. We will do this but we are scared from our mother’s health. All these kind of situations have made our mom very upset. WE three ssters and our mother follows islam strictly and do do ibadaat a lot. We have believe on ALLAH. But please suggest us that how can we get married as we have no mehram, no man in our house to inquire about any man. How others will come to know that there are three daughters in this house who need to get married. Our age is 24, 23, and 22 respectively. WE three are working since the age of 18 yrs and staying with our mom and leading a luxirious life. But we have no mehram in our house. Since childhood we are staying with our mom all alone.

    Please tell us what best we can do as per Islam to get this issue resolved and get married. We go to the office and come back from the office then take care of our mom. Other than this we never go out.

    Eid Mubarak to you All. May Allah give the best to you all in world and akhirat both. Thanks a lot to answer my previous question. Also please tell me whethere today on the occasion of Eid can I get dressed up as my iddat period will be over on 27th septhember. I want to get dressed up for my mom and for the wish of Allah as he has blessed me with the ability to fast and do ibadat.

    Allahafiz
    Wa alaykumus Salaam
    May ALLAH make it easy for you all.
    You all should try and read the following ayah41 times after every fajr and asr salah
    Rabbi laa tazharni fardow wa anta khairul waaritheen. Insha ALLAH you will be blessed with marriage and offspring.
    While in iddat of talaaq you may dress up but not leave the house

  56. Assalamoalikum

    Thanks for your reply.

    You didn’t answer that where I can fax you or email you my divorce papers which I have recieved from my husband, so that it can be clear whether we both can reunite or not.

    Do remember us in your dua. Specially our mom who cannot walk due to severe pain since last 2 years.

    Thanks Again!
    Wa alaykumus salaam
    You may send the copies on my e-mail : jaamiahamidia@live.co.za

    Allah Hafiz.

  57. Salaam
    I have a question regarding divorce. During a heated conversation, my husband asked me “shall I say it talaq talaq” to which I replied “no dont say anything” and he said “I havent and wont say anything but leave the room for now” – how do we stand as far as the nikah is concerned?
    Wa alaykumus Salaam
    your nikah is intact.He asked you and did not say it.

  58. Assalam o Alaikum
    1) If a person is offering Salah alone, Can he do recitation during Qayam little louder so as to attain attention during Salah.

    2) If a person remembers that he has given Talaaq to his wife in the past but he can not for sure recall if he has really given Talaaq to his wife. Such thoughts keep crossing his mind on and off that possibly he has given one Talaaq to his wife in the past but is not sure of it on the other hand. Will this thing which often comes across his mind constitute one Talaaq or not according to Shariah?
    Wa alaykumus Salaam
    if a person reads salaah alone and in eclusion(not in masjid) then he may read loud or soft. He should not disturb others performing salaah with his rectal.
    2. Slysqeen laa yazulu bish shak.
    Assurity is not nullified by doubt.
    This is a principle of islamic fiqh. Since you have doubt wether you divorced or not it will not constitute Talaaq till you are definite it was given.

  59. salam.hamare rishte daro me aik ne talak de di he lakin ab wo rajo karna chahte hen unho ne aik kagaz baja tha talak ka lakin us per 3 dafa talak likha huwa tha lakin wo kahte hen ke 3 dafa talak bejne se talak hoti he halake us kagaz per 3dafa talak likha tha ap bataen ke kia wo rajo kar sakte hen.
    Wa alaykumus Salaam
    Talaaq likne se hota he. Agar tien baar lafze talaaq likhte he aur biwi ko dete he tu tien talaaq hojaate he. Jab tien talaaq ho tu mard ko ruju ka haq nahin.

  60. Mufti sahb i have previously posted u as well plz see the question on

    Amir Ali on July 4, 2009

    i replied your questions on

    Amir Ali on July 7, 2009

    i realized later that i uttered the word talaq my nay tumhay talaq dee using my wife name

    although thr was no intention no burning arguments it was just loud thinking
    please clearify

    Jazak Allah
    Brother ASSALAAMU ALAYKUM!!!
    i ASKED OF YOU IF YOU ADDRESSED HER OR NOT AND YOU SAID YES. wHAT TYPE OF LOUD THINKING IS THIS THAT YOU ADDRESS YOUR WIFE AND DIVORCE HER?tALAAQ IS NOT ONLY GIVEN IN ANGER OR IN ARGUEMENT BUT AT CERTAIN TIMES AFTER PONDERING ONE CAN COME TO A CONCLUSION THAT CARRYING ON WITH THIS MARRIAGE IS NOT ADVISABLE AND THEN HE DIVORCES HIS WIFE. LATER HE REGRETS IT. iF TALAAQ WAS ONE THEN YOU CAN RECALL YOUR WIFE IN IDDAT AND RE MARRY AFTER COMPLETION OF IDDAT.

  61. This is with reference of question

    By: amir ali on September 27, 2009
    at 3:21 pm

    sir if by addressing you mean that i call her name then this is true but i havent called her to listen that secondly i didnt had any hot arguments

    Thanks for your early reply waiting for the final decision

  62. This is with reference of question

    By: amir ali on September 27, 2009
    at 3:21 pm
    &
    By: amir ali on September 28, 2009
    at 5:45 pm

    i was not thinking that carrying this marriage is not possible even i was just thinking how people do this and i uttered may tumhay talaq deta hoon using my wife name.

    please get me out of this problem jazak Allah
    Assalaamu alaykum
    If you did not address your wife nor were you thinking of talaaq and giving her talaaq but rather day dreaming and imagining how to give talaaq, then no talaaq takes place.

  63. this is with reference of my previous question

    By: amir ali on September 28, 2009
    at 5:56 pm

    sorry to distrub you again i was u can call daydreaming and thinking or assumed for that time being that i am giving divorce and at that instant i used word may nay tumhay talaq dee at that time it was in my mind that i am just supposing a situation.
    i spoke that words when i was alone talking to myself.

    plz give me the final verdict and suggest how can we reunite plz note this incident took place more then 3 months before.
    ASSALAAMU AALAYKUM
    answer has been given .

  64. salam mufti sahib
    i did love merriage and it is just nikah..still rukhsati is not done..muftisahib me end my husband faced many problems with in 2 months of our nikah.and all of the problem were due to his famly & i love him but isaid many times …ky tm mari tarf sy azad hoo…or ya koi divorce ya sepration ki bate nai te.my intention was to say him do chill and enjoy with ur family main tmhain khuch nai kahoon gi even u can chill wid girls…but kahi bi intention divorce ka nahi ta
    widin lat 2 weeks he told me a wrong story and i said him i want sepration and sepration means ky i will live in pakistan and he will live in abroad…
    one day he was angry wid me i wa too much upset and i said her i need divorce and he simply said sayto ur mom then i will see..and i agin called him and said him why r u doing this u knw i cant live with out u………..
    he never ever aid to me the word divore…and last night some told us when wife asksabout divorce then its the responsibilty of husband to do this otherwise both of them can say sorry to each other
    so i wrote a n email to him that it was just in anger and i dont want anything i do tooba and inshallah next time i will be careful
    pleae tell me
    is it a divorce or what should we do for keeping this relation good according to islam
    Wa LAY kumus Salaam
    The utterance of the husband is what takes effect in a marriage, not that of the wife.She can scream till she turns pink mand blue “divorece, divorce” and nothing will happen.If no utterance from him then there is no divorce.

  65. Assalamu-alaykum
    I would be grateful for your advice on the below.

    My husband sent me an unclear short text message saying ‘u r nt stayn n i hvn n gvn u 1 divorce 2 to go n we r dun

    I replied asking for clarification ‘what do you mean – if I stay at my mums you’re giving me a divorce?
    He then sent me a message saying ‘Obviously thats what I mean’.
    Due to this, I did not stay at my mums and returned home.

    Please tell me how we stand with our nikah and also would I be allowed to stay at my mums with the permission of my husband in the future? I would like to also tell you that he did not stipulate I can never stay – it was for the time in question only as I have asked him for clarification.
    wa alaykumus Salaam
    This talaaq is known as talaaq fouri. It means with immediate effect only. Once the condition set out for talaq is cancelled then no talaaq takes place and allows an individual to do that thereafter. yes it will be preferable to ask for consent prior to doing so to prevent any complications and unnecessary problems.

  66. assala-o-alaikum, I will be really thankful if you can help me regarding my issue. I had a fight with my wife last week and during that I said I don’t remember the words exactly but i ask my wife 3 time about my words she told me that you were saying if you take my kids to your parents home you’ll(she) will be divorced 3 times. I ask her three times this is what she told me. As i said i don’t remember anything what i said it could be either if you take my kids to your parents home you’ll be divorced or if my kids go to your parents house you will be ???? or if you take them to your parents house without my permission. I am living in canada and her parents are in pakistan and my older kid is only 4 yrs of age he can’t go by himself seems like the ist statement that she is telling me is right if she takes my kids anyhow i wann a know if i can either change the condition rather than her if i take them or anybody else take them. secondly how can i remove this condition if i want. Please brother help me in this regard as Allah will give you jaza for that for showing me the right way. I don’t want to do anything against shariah but this is the biggest mistake of my life.
    jazak Allah
    muhammad
    wA ALAYKUMUS sALAAM
    tHE STATEMENT WAS MADE IN ANGER AND IT WAS CONDITIONAL. oNCE THE ANGER SUBSIDES YOU HAVE THE RIGHT TO NULLIFY THE CONDITION. tHEREFORE THEY MAY GO AND NO TALAAQ EILL TAKE PLACE IF YOU ALLOW THEM TO GO.

  67. Thank you very much for your reply
    I have one last general question – if one is uncertain if they have effected a divorce in the past or not or cannot remember their intention on whether they gave a valid/conditional divorce or not – how would the couple stand.

    Jhazak Allah Khair
    ASSALAAMU ALAYKUM
    There is a principle in Islam,
    “alyaqeenu laa yazoolu bish shak”
    A definite issue is not effected by doubt.
    If you have doubt in an issue whether it took place or not , the doubt is not valid ttill there is proof of it having taken place. Therefore in these doubtful thoughts there is no effect.

  68. my question is my wife married to me last year in augest wihtout her parenst permisson & knwoleg after that as my reqeust my wife inform her parents and they angy as usual on this status then she leave her home and live wiht me 1 month after that they perants show to her that they are agree and accept our weding but when she go home they fornt of her cry and say that what we tell to our faimly that u married iwhtout us and etc then my wife withotu inform me go to sharia council and apply for divorce but still our divorce in pending so i want to know wht to do that stop this divorce as my responsiblty i try to her all famly member but they not be helpful bcz they replay to me that i married to her bcz of UK PASSPORT bcz my wife birthis
    ASSALAAMU ALAYKUM
    You should have at least taken permission from her parents before taking such steps.Now if the wife is demanding divorce then you should discusss it with them.For me to give you something to change their thoughts is haraam and forbidden.

  69. Assalaamu alaykum
    I asked you a question over a week ago regarding a text message I received from my husband approximately a year ago and the clarification I sought from him. I received your answer but recently I have started to experience bad thoughts and started assuming in my head that what if I am actually divorced. I keep whispering to myself what if I am divorced by the text received despite the fact I know from your answer this is not the case –
    when people talk of divorce around me I start shaking inside and the above thoughts keep crossing my mind again. I am very worried and distressed Mufti Saheb – I wake up in the night and cannot go back to sleep for hours thinking about the message I received. at times I even feel like crying – I need your urgent help in overcoming this matter.
    Jhazak Allah Khair
    Wa alaykumus Salaam
    these are waswaasi thoughts (shaitaani thoughts) and therefore i encourage you to make a habit of reciting the three quls with bismillaah three times each every morning and evening (after fajr and maghrib salaah) blow in water and also on hand and rub over body. Drink the water as well.

  70. As salam-o-alekum,

    I am living in overseas and i had fight with my wife over the phone then somehow i said ” MAI TUMHAIN as i said that the line dropped and i continues TALAQ DETA HO” ( just once ) after that i immiditely realize what i have done, i redail the number and asked her did she listen any thing she replied no she didnt because of the line drop. now my question is, is this is this TALAQ really happened and if it is then what should i have to do? i know i’ve got still rights to make RUJU as it was only one TALAQ but now for some reasons if cannot go back to her within iddat what should be the next step. i told her after that, that this is what happened we both regret alot and promise ourselves that this thing will never ever happen again but what should i do now ?
    Wa alaykumus Salaam
    Talaq is valid and you may make ruju by simply calling her and telling her i make ruju. That will be sufficient and make someone a witness to it.

  71. Assalamu-alaykum
    I took your advice to read the three quls after fajr and maghrib salah and alhamdulillah my situation has improved but I get some bad thoughts/feelings. I keep thinking what if I misinterpreted the text I received and the answer. I know I clarified it by text but didnt discuss it otherwise.
    I keep thinking what if he meant I am giving a divorce regardless. I know this is my thinking and I dont know why these thoughts have entered my head slowly but they started to take over me. It has been that long now that my husband wont be able to remember anything for certain.
    Only Allah Ta’Allah knows the reality but I would like to know will one be held accountable even if one has doubtful thoughts and cannot remember anything for certain or does the fiqh command you to accept what you suspect?
    Wa alaykumus Salaam
    The is a principle in fiqh ” alyaqeen laa yazulu bish shak”, the definite will not be effected by doubt. You are definitely married and the doubt of talaaq will not effect your marriage until it can be proved with certainty.Therefore your nikah is intact.

  72. Assalam-o-alekum

    I m blessed with a baby boy on 1st July 2009 and My Husband gave me 1st divorce on 2nd July 2009, then after so many more insults he came with his mother, father and big brother. My family talked with him n after doing a happy ending it was decided that I will go with him after some days. He was asked to come daily to c me. But again he got misunderstanding and he is still fighting with me that u have to come urself , i cant come to pick u, as my 3rd menstrual pause is nearly to be started.
    Please let me know that as he came for ruju n went with a friendly mood but i m still at my mother’s place…..so the ruju has done or it will be said to be done after our sexual course?
    Please let me know soon as time is less.
    ALLAH Hafiz
    Wa alaykumus Salaam
    Verbal ruju is sufficient. Try and return home to your husband as quick as possible.

  73. assalamualaikum mufti saheb… my question is once me and my husband were having a conversation about quran and he told me dat he read it in the afternoon when i was asleep… i told him i saw u reading it.. at hearing this he told me in a humorous tone ‘tu chali ja’ widout the intention of divorce meaning why were u looking at me i wanted to read it widout u watching me… after dat sentence he paused ansaid ‘spying agency mein ja’… mufti saheb m reallly scared is dis divorce…
    Wa alaykumus salaam
    No it is not divorce but rather sarcasm from your husband.

  74. what kind of niyyat is a person suppose to have during kinayat divorce?
    “ASSALAAMU ALAYKUM”/???11!!!!
    When in arguement and a person intends that his wife be seperated from him and uses words which normally do not mean talaaq then it will be regarded as kinaayat. If he uses such words without intending talaaq then it will not be talaaq. Example, Go and liove with your mother. It will not be regarded to be talaaq unless he intended it.

  75. Assalam o Alaikum
    Alhamdolillah a baby boy is born safe & sound to me on Tue, 28th Oct and I want to do Aqiqa on next Tuesday for him.
    1) If I am out of pocket for Aqiqa can I borrow some money for it as I heard its very virtuous to do it on 7th day after birth & I pay the money off after some time.
    2) Is it ideal to slaughter 2 goats on 7th day? Can I slaughter on 7th day and distribute its meat among relatives / poor after few days. Will slaughtering be sufficient for Sunnat irrespective of distributing its meat on any other day?
    3) Can I also cook whole meat & feed my relatives?
    4) Is name of baby should be kept on 7th day as a Sunnat / Mustahab?

    Wa alaykumus Salaam
    1.) Aqeeqah may be done on the seventh or in circles of seven days thereafter.It is a sunnah and it would be better that a person does not take a loan. If the loan is non intrest based then it will be permissible if it will not cause financial strain on the individual.
    2.)Yes the slaughter on the seventh day is sunnah. If there is delay in he distribution of the meat then it will not be a problem.
    3. ) One has the option to feed the people and partake of it himself or if he wishes to distribute the meat and keep some for himself as well.
    4. It is a sunnah to keep the name by the seventh day.

  76. Assalm-o-alekum Mufti sahab,

    RUJU IS DONE OR NOT?

    I m Madiha who had asked u the question regarding first divorce on 24th October. Please let me satisfy with ur answer again.
    My husband when came didn’t used the word RUJU and neither said that he has come to pick me. His elder brother said only once that we have come to pick me with them and then my husband started blaming me infront of his and my family when i was not sitting there.

    I belong to Ahl-e-Hadith fiqah. please let me know the answer in this light.
    I m really thankful to u.
    Madiha
    wa alaykumus Salaam
    Firstly i am not acquinted with the so-called ahle hadith fiqh and therefore cannot answer in the light of their fiqh. I therefore abstain from answering.

  77. Assalam Alaikum Mufti Saheb Answer must be in “Quran & Hadees” with verses thanx Allah bless on uss…..
    1. My mother is not happy with my wife as per Quran and Hadees Mother and Father is important than wife. If mother is telling that u Divorse to u r wife can i do???? please give the referese of Quran and Hadees i cant leave Mother/Father as well as my Wife now tell me what can i do???? Please give me the answer as soon as possible. I try 100 times to solve but they cant stay in One slab means same flat….
    Wa alaykumus Salaam
    I think you got the stick at the wrong end. The issue is that you have failed to provide your wife with a seperate living quarters where no one has control of except her. The living quarters is her own private room , bathroom and kitchen.You are asking for the impossible today if you think you could keep them all happy under one roof. In a hadeeth narrated in the sunan of abu dawood and ibn majah it is mentioned that Rasulullaah Sallaahu alayhi wa sallam was asked of the rights of the wife over the husband. Rasulullaah saaws replied, ” You have to feed her when you eat and give her clothes to wear and not hit heron her face or use abusive lanfuge with he and when you leave her alone leave her in private quarters.

  78. Salaam,

    Please help me out….this is my situation,
    I got marrid two years ago but under family pressure. after the nikah and following days i yet to this day do not call the man i marrid as my husband in my heart. It has been two years and the marrige has not been consumated (no sexual intercourse). there is no communication btween us watso ever.
    Is the nikah still valid and if he says talaaq to me 3 times without no witnesses is the talaaq valid? even if he dusnt mean it?
    All family members know that the marrige is not working out and will be resulting in a divorce. due to family they are waiting for his visa stay in the uk.
    Thankyou.
    Asalaam alykum.
    Wa alaykumus Salaam
    Non consummation of the nikaah does not negate the validity of the nikaah. If he utters the word talaaq and addreses you with it then the talaaq will be valid.

  79. sorry but i really need to be clear with this….is the talaak valid if he says it without no witnesses??? what do you mean ‘addresses it to me’ does he need to say my name??
    What if he dusnt mean it from the heart and just says it??
    Assalaamu alaykum
    Yes he has to address it to you by either mentioning your name or speaking to you directly. It would be more appropriate to have witnesses present to remove any form of dispute.

  80. Aslamoalaikum,
    I have a question to ask. I was married to canadian girl few months ago.This marriage was performed in pakistan. we lived together for three months after marriage. and after that she went to her parents. after going there she changed her mind and started accusing me. Now she and her parents are asking for divorce without any reason. what should I do now.
    Wa alaykumus Salaam
    Talaaq is upto the husband. It is totally your decision. The only worrying factor is that they are asking for the talaaq. What are the reasons and are the resolvable or not? Try all zvenues to resolve it and if it fails then you should decide what to do. This is the only advise i can give you.

  81. assalamualaikum… mufti saheb my question is? while a husband says go to ur moms place is the word talak be o his mind for yhe kinnayat?
    Wa alaykumus Salaam
    These words require his intention for it to constitute talaaq. Outwardly it does not mean talaaq therefore requires intention.

  82. I’m sorry, just to clarify then you mean that it is necessary but even if it doesn’t occur then divorce would still take place? As salamu ailaikum
    Wa alaykumus Salaam
    Yes if the husbnd utters it without the presence of witnesses it will still be regarded as valid.

  83. If our mom and dad lives seperately(Not legally divorced) in different cities. We three daughter who are the three earning members of the family lives with our mother and we have no mehram with us. We have a loan of 4 lacs on us. We do have gold ornaments on which we are liable to pay zakat. But we have the EMI’s which goes on the monthly basis and other expenditures too. At the end of the month hardly we are left with any money. So please let us know whether kurbani is must for us or not. Is it compulsory for us to do kurbani in Eid ul Adha? We have no savings.
    ASSALAAMU ALAYKUM!!!!!!
    If you do not own wealth to the amount of nisaab then there is no qurbani compulsory on you.Bisaab refers to the amount required to make zakaat fardh.Another factor to see if your jewelery vlue exceeds the debt or not. If not no qurbaani otherwise the qurbaani will be necessary.if the excess is equivalent to nisaab.

  84. Salaam Mufti Saab

    I would like to ask you if in a situation a husband says to wife “you pack your bags etc and Im ready to give you a divorce” but the wife refuses to pack and he then says “either you live by my rules or we will have to make or break and the wife “Im prepared to do what you’re asking as long as you’re fair” and accepts that. He doesnt actually utter the divorce after that how do they stand?
    Wa alaykumus Salaam
    They stand the way they stood. They remain Husband and Wife.Here he only shown intention of Talaaq without any immediate action. Therefore no talaaq.

  85. Salam o alykum
    If husband and wife are having dinner together and husband is in deep thought about talaq issues and suddenly he says ‘talaaq’ and when asked he says he was in deep thought of talaq issues from a book and uttered talaaq out of it and had no intention of divorcing his wife.
    will this utterance be a valid talaaq in shariah?
    Wa alaykumus Salaam
    The mere uterance without addressing the wife does not constitute talaaq.

  86. Salaam
    I have been reading your website and would like some advice – In the early years of my marriage my husband argued quite frequently with me, we also had problems with my in-laws and their understanding/mentality towards things and this often made us argue. Also my husband gave me verbal and physical abuse.
    Alhamdulillah, with the grace of Allah things have slowly changed since but now Im beginning to think hard about the words or phrases that may have been used in situations that may mean divorce but I cant be certain about exactly what was said – how does this affect us Mufti Saheb as we did not know the hukm of divorce then and Ive recently come to know it.
    Wa alaykumus Salaam
    The words used for divorce are of two types.
    1.Sareeh-words clearly depicting divorce in any language. like Talaaq, i divorce you, you are no more in my marriage.
    2. Kinaayah- words that are dubious in meaning and therefore requires intention from the utterer.Eg get out, go to your mother’s house. If he intends divorce then it will be divorce.If not then then it will mean what it states only without having effect on marriage.

  87. Thank you for your response Mufti Saheb. I cannot remember for certain if he ever used divorce clear and explicit terms – what happens when you try and think back to the words used in situations but cannot remember for sure?
    ASSALAAMU ALAYKUM!!!
    Very simple.What is not known does not have any effect.Ib Islam there is a principle_
    اليقين لا يزول يالشك which means doubt does not effect reality. Reality is that you and your husband are married. Therefore doubt of divorce will not influence your marraige.

  88. assalamualaikum….. mufti saheb i m really confused here pls help …. once my husband asked me to do smthng nd i was in a very playful mood so i refused to irritate him… then to jus blackmail me he said ‘acchha main ja raha hoon usko(refering me) cholke…(pause)…office’ in a childish voice and also words ‘chorke’ was used as ‘cholke’ what is the ruling for dis sir … pls reply asap… regards..
    Wa alaykumus Salaam
    You were joking and he was joking. What more than that. He said “office” so what does that mean?Dont look for something that is not there!!!

  89. Walaykum Assalam Mufti Saheb
    Thanks for your reply I note your comment that doubt does not effect reality. I have been trying to think back as much as I can and sometimes I get thoughts that my husband may have said things like I dont want anything to do with you or lets call it quits in our arguements but on the other hand I cant be certain of the precise words used because so much time has passed – I am becoming very distressed in trying to think back. Is it true that a single word can change the ruling? I would appreciate your advice.
    Asalamu alaykum
    My advice to you_
    STOP THINKING BACK. LEAVE THAT WHICH IS NOT KNOWN!!!

  90. Walaykum Assalaam – I am distressed because I keep getting thoughts despite trying not to – I dont know if it is because I have been reading so much on the website of different situations regarding divorce and now I cant stop relating everything to what I have read. Its hard to to get thoughts out of my head because its true we argued alot and spoke about splitting up but its very hard to remember exactly what was said. I cant present to you what was said word for word because I didnt record any of it. Spiritually I feel like my body is here but not my soul – I dont know how this has happened to me. I need your help and advice in overcoming the above. I have stopped praying because I feel like my soul is not here.
    Wa alaykumus Salaam
    Actually you should not look for issues which are not remembered. Rasulullaah Salalaahu alayhi wa sallam mentioned, ” responsibility fo three thing are removed from my ummah. ” One of them is forgetfulness. If you forgot or cannot remember then it bears no importance. Try and overlook it.
    More so ever make habit of reading astaghfirullah at least 100 times a day andalso ead laa ilaaha illaa anta subhanaka inni kuntu minazh zhaalimeen 100 times it will remove from you all worries and concerns, InshaALLAH.

  91. Assalaamualaikum,

    I would be most grateful if you could help me in this difficult time. I have now been married for one year and I am having serious thoughts about divorce. Initially, my mother had liked my husband when she met him 8 years ago and my marriage was then verbally agreed. My nikah took place last year. However, I had always found him to be very ugly but I agreed to the marriage as I knew that he was a very good person, with good characteristics, and moreover my parents liked him very much. I thought that rejecting someone with good characteristic just because of their looks was very stupid, and that I would eventually tolerate him once I married because my intention for marriage was to please Allah alone.

    Prior to my marriage I had done Isthakara but didn’t see or feel anything but my mother, father, and sister had a good feeling. My prayer up until my marriage was that if Allah thought that this marriage was best for me, then Allah would help make my husband’s appearance tolerable. After my nikah I believed that Allah would put love, mercy, and peace into my heart and eyes for my husband. However, I have not developed an ounce of such feeling. Every time I see him I feel disgusted, angered, and repulsed. I try to make myself believe that this is my husband who Allah chose for me, then I should love him for Allah’s sake. But I simply can’t. He has no fault, he has been very patient and kind to me. I feel I am living in daily sin, as I am unable to fulfil my duties as a wife, I have denied him of his conjugal rights as I feel so disgusted when I see him that I cannot bring myself near him.

    Lately, I have been doing Isthakara daily, reading surah Bakarah and reading the last 3 surahs because I feel very scared. I have seen a number of dreams in these past few weeks including watching my grandmother stirring a tub of blood, seeing myself and my little cousin running away from a ruined scary house and chased by a corpse who was followed by my husband. Few days ago my husband saw a dream that we were running away from a two headed snake, who then suddenly split into two snakes when a “voice” shouted at them.

    Please tell me what I should do. I don’t want to sin every day by hating my husband but I don’t know how to love him. Could it be possible that Allah never put love into my heart when I married, that this marriage was meant to fail. Or is this the whispering of the Shaytan into my heart?

    Jazakallah khair
    Wa alaykumus Salaam
    From your dream it seems that you have a problem which is “spiritual”. It looks like there is some interference which could be called shaytaani waswaas.
    I would like to know if there was someone else before his proposal? Anyway make a habit of readig ayatullkursi and the three quls thrice after every salaah and inshaALLAH youwill feel or get some direction.

    • Jazakallah Khair for your prompt resoponse. I would be grateful if you could just clarify what you mean by “spiritual”. Does that mean there is something lacking in my iman, that is why the shaytan is continuously whispering to me?

      there was somebody who we knew who did not approve of my marriage and is a person who is known to be involved in black magic.

      Also, I would like your advice on how I should behave with my husband now. I fear going in front of him as I know I will have hatred in my eys for him. Should I continue trying to make this marriage work or should I wait till I get some sense of direction?
      Wa alaykumus salaam
      Spiritually refers to interference form waswaas and some form of jinn. Make a habit of reading ayatul kursi and the three quls after every salaah and blowing over yourself.

      • Asalamulaikum Mufti,

        This is a follow up e-mail to the one that I sent on 10th December 2009.

        Since, receiving your response I have been and am still doing the ruqyah which you advised me to do, and Alhamdullilah I have stopped having frightening dreams. However, my feelings towards my husband remains unchanged.

        In January this year, my husband visited Mufti Hannan in Luton who did ruqyah on him and told him that there is definetly black magic involved. He prescribed me to soak some saffron written pieces of paper (I think it was some verse from the Quran) into water and some pieces of paper with arabic numbers into milk and to drink every day. He also gave both of us a taweez to wear. He told my husband to hang a taweez on a fruit tree and to burn some papers in our room. I followed his instructions for 10 days (we had to give feedback of any changes after 10 days) but I felt no change. However, my husband for the first 2/3 days felt very unsettled and agitated and used to make waling/crying sounds in his sleep. I have stopped using this Mufti’s method as I have heard that following such practices are not Islamic, and could result in worsening the situation.

        Due to my hesitation of the above treatment my husband asked an Alim at a local mosque to do Istakhara for us. The Alim said that he saw that there was a lot of problems and complications in my marriage but did not give any details. Instead he told me to do the ruqyah which you prescribed and to recite surah Nas and Falak 41 times each and to blow into water and to drink it for 21 days.

        I have now completed this but still I have the same level of hatred for my husband as before. I don’t know what is happening to me. I pray my fard prayers, receite the Quran daily, do the Tahjuud prayer and Istakhara prayer but I still have not seen anything or felt any different. However, despite all that I am feeling, I feel grateful to Allah that because of all this complication my faith in Allah has increased and my love for Him has deepened.

        Please advise me as to what to do. My whole family is against me now; everyone is telling me that I will go to hell if I ask for a divorce because my hatred is not a valid reason. Everyone likes my husband and I know he likes me too. But for some reason unknown to me I can’t stand him, particularly his looks, and more so when he looks at me. I know and I fear that I am commiting a grave sin every day as I am not giving my husbands rights but I just can’t bring myself near to him. I don’t want to reject what Allah has ordained for me but I don’t know how to accept my husband either.
        Wa alaykumus salaam
        Firstly i normally advice people to do ruqyah and abstain from usage of “taaweez”. Secondly i dislike mixing of methods of treatment. Therefore i would rather refrain from advising one who mixes treatments and would encouraage them to complete one treatment of their cchoice.

      • Jazakallah khair,

        Please do not be angered by me – I am not doing anymore treatment at the moment except the ruqyah that you advised me. I too disliked the treatment with taweez and that is why I stopped it after 10 days. I only went ahead with it because everyone said that usually that Mufti is very successful at treating these marraige problems.

        I would be most grateful if you could please advise me what to do, InshaAllah Allah will reward you for your knowledge and help. Every other
        Alim or Mufti keeps wanting to give me taweez which I do not want to take.
        Wa alaykumus Salaam
        II advise you to make two rakaats of salaatut toubah and thereafter make a habit of reciting surah taghaabun three times daily for 21 days. After completion i will tell you what to read, insha ALLAH.

  92. Salaam Mufti Saab
    My husband and I were watching an islamic channel and someone asked a question regarding divorce. My husband and I were talking and he said that I think I might have said triple T 4-5years ago and that he is sure he said it but at the same time he might be wrong cos he cant remember for certain. The other thing he says is he cant remember if he actually said he is giving it or not as absolutely nothing can be remembered surrounding the words he used – it may have been a threat or a conditional or anything but he has no knowledge of what he might have said. We asked a local knowledgeable person and he states that divorce does not take effect if one cant remember for certain what was said as different rules apply to different words. Please shed some light on this for us in view of your knowledge. From a confused couple. Jhazak Allah Khair
    Wa alaykumus Salaam
    What is not remembered is not to be worried about.

  93. Assalam o Alaikum!
    Mufti sahib,
    Today I said to my wife sarcastically.
    ” Mai ja raha hon tumhe chor ke”
    I heard that in Indian sub continent Urf “Chorna” word is Talaaq-e-Sareeh and it constitutes Talaaq e Sareeh is said to wife without any intention.

    Please state if any Talaaq occurred keeping in view Indo-Pak Urf & my above circumstances. I had no intention of Talaaq with this sentence however.
    Jazakumullaho Khaira
    Wa alaykumus Salaam
    Firstly i am unaware of the “urf” of the indo pak subcontinent. Therefore for such a verdict you should refer the matter to your local ulema. On the other hand the word chorna does not constitute talaaq under normal circumstances and under normal circumstances for talaaq to take place will require intention. I cannot understand how if can be talaaq sareeh.

  94. Assalamu-alaikum Mufti Saab
    My husband gave me a second divorce saying “I divorce you” sometime ago. I did not know that divorce takes place verbally until almost a year and half ago when I started to read upon various topics.
    I am now trying to reflect upon the past and cannot remember if my husband did say words effecting divorce – he may have but I cannot be certain as I did not know the implications and therefore did not clarify with anyone.
    I get thoughts about things he may have said but cannot be certain – I am trying to think back over a number of years and things keep crossing my mind along the lines of ‘its over or im going tell people we are finished etc or we’re just not meant to be. but I cant be certain, my memory is quite weak and im trying to think of what he may have said as hard as I can and sometimes I feel like he did say things and other times I feel what if Im wrong in the words used. I dont have any way of proving it now.
    I feel very scared all the time and my entire day is spent with thoughts, my thoughts keep changing. Im trying to think very deep but its proving hard and making me ill.
    Mufti Saheb Im very confused and Id like to know am I supposed to go with my instincts – Im not in a position to say I remember anything precisely because a number of years have passed. I await your kind advice so I know what to do in order to help relieve my fear of Allah Ta’Allah.
    Wa alaykumus Salaam
    The issue is very simple.There is no need to worry over something which is not there.An issue can only be established once there is a definite proof. Here there is no proof. Leave it as non existent and carry on your life.

  95. If a woman cannot do sexual things for a month due to medical reasons, can she do other types of sex with him (hand or mouth, etc)? Also, would she need to make ghusl after either one?as salamu ailaikum
    Wa alaykumus Salaam
    It is permissible for husband to have relationship with wife as long as he stays away from oral and anul sex. if aroused and excretion of semen takes place then ghusl will be compulsory.

  96. A women is being tormented and mentally abused by her husband on account of a drughabit, steals her valuebles as well as that of her family, dos not nafaqah his wife. Is she entitled to a fasakh and if so, does the husband have to sighn and consent to her fasakh.

    Alf Shukran
    Wa alaykumus Salaam
    The best procedure to follow in this circumstance is to call the husband into ameeting and try and trash out the matters with him. If he shows keen ness to change and rehabilite himself then let that be done. If he shows a non chalent attitute to the issue then demand from him to give talaaq. If he refuses then the following steps should be taken before faskh is granted. A written statement from the wife requesting it. Alo written affidavits from family memebers about his condition and the torment he causes and also the issue of not providing nafaqah.The decision of fasakh has to come from a group of ulem and not from one single individual.(to prevent rumours and accusations).

  97. assalamualaikum… mufti saheb my question is dat i read on ur blog somewhere dat the word ‘aazad’ in urdu used by husband is sareeh i.e clear divorce… but what if the husband dosnt even know dat it constitutes divorce and uses it with other intention or some other reason for his wife…. then where do they stand… sir m really confused pls clear dis out…
    wa alaykumus Salaam
    I think you are right in sayng that you read of the word “azaad” but that was in a question. In the answer it is clarified that “azaad” is from kinayah and will be according to intention.

  98. But I mean if I touch him for his benefit and semen gets out, would I need to make ghusl, not him? I know he would, but would I need to? I’m not aroused or having an orgasm from that. As salamu ailaikum
    wa alaykumus Salaam
    If the woman experiences orgasm then ghusl will be waajib on her. If not then no.

  99. Assalamu Alaikum
    Some time back when my wife was going to leave me and didn’t want to live with me anymore said,
    “Mai ja rahi hun apko ko chor ke”

    I replied her and said “Tum meri taraf se azaad ho, jahan chaho ja sakti ho”
    I said above without any intention of Talaaq. Please state if Azad word has caused any sharia Divorce or not.
    Wa alaykumus salaamThe word “aazaad” is from kinaayaat and therefore requires intention of talaaq. If truthfully no talaaq was meant then there is no talaaq.

  100. Assalamu alaykum Mufti saab
    My question is if one is reflecting on their past some years ago and keep thinking or at times believe that the husband said words like ‘you are free to go marry who you like’ or give me a divorce’ or Im through with you’ but cannot recall the situations or precise phrases used but at times believe these type of words may have been said – although it cannot be proven/stated with certainty – what is the islamic ruling on this?
    Please clarify
    Wa alaykumus Salaam
    The Shariah ruling is that until no proof of certainty is established no verdict can be given. So you are still in the nikaah of your husband.

  101. Assalamu-alaykum Mufti Saab
    If one is reflecting on their past a number of years back and thinks or believes that the husband said words such as ‘ you’re free to go marry who you like’ or Im through with you’ or give me a divorce’ – these thoughts cross one’s mind but one cannot vouch for the exact situation or phrases used due to the length of time that has now elapsed but one is trying hard to think and their heart/mind believes words of this kind were said or may have been said – what is the islamic ruling on this?
    Please clarify.
    Wa alaykumus salaam
    Until definite proof of talaaq is not established, no verdict of talaaq can be given.

  102. Salam moulana sahib
    i said to my mother that
    “talaaq ka faisla karwalo ab mujhe nahi rakhna apni biwi ko”
    in English
    “Make a decision of talaaq and i don’t want to keep my wife now”
    can you please tell if my above statement to my mother in reference to my wife who was not present at that time, constitute talaaq.
    Wa alaykumus salaam
    This statement is actually making your mother proxy to issuing talaaq on your behalf. If she issued it or agreed to it then talaaq takes place.

  103. Salam
    If a person says referring his ex-wife.
    “I divorce my wife after marrying her”
    will this talaq be valid if he marries that woman.
    Wa alaykumus Salaam
    the statement is very vague. What does it mean to divorce after nikaah? Is he married to her when he utters these words or is she his to be wife? Please clarify.

  104. assalamualaikum mufti saheb i wanted to ask dat if a wife says jus casualy pls leave me at my moms place for some work … and the husband also without intending talaq says theek hain main tujhe chorta hoon with the intention of leaving me at my moms place jus for some time does it constitute divorce… in short if the word chorna is used on the day to day bases does it do any harm coz it is a urdu word and can be used many times… pls reply soon m really confused..
    Wa alaykumus Salaam
    Such words do not constitute talaaq and require intention . These words re known as kinaayaat and do not constitute talaaq without intention.

  105. Salam
    If a person divorced his ex-wife with talaq-e-bain and after a year he utters following statement
    “I divorce my wife after marriage”
    with this sentence he means that he divorces his ex-wife after 2nd Nikah.
    Can he divorce his ex-wife in advance before 2nd Nikah. Or is it mandatory condition for divorce to issue it after nikah.
    Wa alaykumus Salaam
    Divorce is a right that follws nikaah.Therefore there is no talaaq in that issue.

  106. Asalam-o-Alaikum Mufti Sahab,

    One day me and my husband was having an argument and he got so angry and said ” i divorce you” and then the following day he made Ruju. After 4 months we again had a really heated conversation and he got really angry and said “i divorce you”… he explains that he thought of warning me but he was so out of his mind and didn’t construct the right words to warn and uttered this.

    I said to him according to my knowledge that this is 2 divorce he said no this is one. He was taught if a man divorce his wife once and they make ruju then after 2 months time that divorce is VOID. Which i haven’t read anywhere.

    My question is if he was ignorant of the way of giving divorce does it still count 2 or 1? As far as i know the number of times we say divorce is 3 in a life time and i am not aware of any concept in which a divorce is VOID. Also when he divorced me first time i was having my menstrual periods.
    Please guide us in the light of fiqh Hanafi. I shall be very thankful to you if you reply me promptly.

    Regards

    Wa alaykumus salaam
    Although Talaaq during haidh is makruh but it takes place therefore the first talaaq fell. By him uttering the word “i divorce you” thereafter the second talaaq takes place. After the second talaaq the husband still has the right of ruju aand has to make ruju. There is no ruju after the third talaaq. Remember ruju has to be made in the iddat period. If iddat elapses and then wishes to make ruju , a new nikaah will be required.

    .

  107. assalamualikum …. mufti saheb my question is dat once i and my husband were joking wid eah otherand i said dat i wud compli to police u for dowry…. he also jokingly said ‘theeh hain main police se kahoonga ki is ko talaa… and he stopped and said is ko woh de do’ does it will do any harm to my arriage pls reply m really scared..
    Wa alaykumus Salaam
    No it will not have any impact on the marriage.

  108. AOA mufti sahab main yeh poochna chatati hoon keh mere hubby nay mujhay period ki halat main 3 baar talaq di thi or iskay ilawah bhi bahaz oqat mazzaq mai nbhi kafi dafa talalq day chukay hain ab meri samaj main nahi aa raha keh main kia keroon hummari aapis mian ab banti bhi nahi hai is liye mujhya mashwara dain keh main kia keroon kia divorce ho gai hai ya nahi qoun keh jo banda mazzaq mian bhi talaq day main us kay saath rehena pasnd nahi keroon gi plzzzz mujhay guide kerrain meri 2 betiyan bhi hain .shukeriya
    wasalam
    aik beti
    Wa alaykumus Salaam
    Mashurah ki kiya baat he jab bande ne teen dafa talaaq dechuke tu saath rehna haraam aur zina he.

  109. AOA MUFTI SAHAB AIK BAAR PHIR AAP KI KHIDMAT MAIN HAAZIR HOON MUJHAY AIK BAAR BHI TAFSEELAI JAWABAAT KI ZAROORAT HAI WOH KEH KEH MAIN NAY APNAY HUBBY SAY YAHAN USA MIAN COURT MARRIED KI THI REGITERATION OFFICE MAIN WAHI PER REGISTERATION WALON KAY BANDAY NAY HAMMARA AMERICAN STYLE SAY NIKKAH PERHA DIYA THA PHIR US KAY BAHAD JAB HUM MASJID MAIN MOLANA SAHAB KAY PAAS GAYE TO UNHO NAY KAHA KEH AGHAR AAP KAY PAAS 2 GAWAH MOJOOD THAY TO AAP KO AB NIKKAH KI ZAROORAT NAHI HAI ANYWAY US KAY BAHAD JAB HUM GAHR AAGAY TO MERE NANDOHI NAY MERI MANAD OR JETH KI MOJOODGI MAIN HUMMAIN ISLAMIC NIKKAH KAY KALAMAT KERPHA DIYE AB MIAN YEH JANNA CHAHATI HOOON KEH KIA HAMMARA NIKKAH ISLAM KI NAZAR MIAN JAIZ THA ( MIAN NAY YEH SAWAAL PEHELAY BHI KAFI ULMAH SAY POOCHAY THAY TO SAB KA JAWABTHAKEH HAAN NIKKAH HO CHUKA HAI) OR AB JAB KEH MIAN NAY AAP KO LAST EMAIL MAI PATAYA THA KEH UNHO NAY PERIOD MAIN OR MAZZAQ MAIN MUJHAY KAFI DAFA DIVORCE DI HAI OR AAP NAY KAHA THA
    KEH HAAN TALAQ HO CHUKI HAI PER AB MERE GHAR WALAY KEH RAHAY HIAN KEH JAB TUMHARA NIKKAH HI ISLAMIC NAHI HAI TO TALAQ BH INAHI HOI AB TO AB BH IAGHAR MIAN CHAHOON TO UN SAY ISLAMIC NIKKAH KER KAY DOBARAH SAY REH SAKTI HOON JAB KEH MERA KHIYAL HIA KEH DIVORCE HER SORAT MAIN DIVORCE HI HOTI HAI CHAHE NIKKAH KISSI BHI HALAT MIAN HOA HO TO PLZZ MUJHAY TASALI BAKHSH JAWAB DIAN TAKEH MAIN APNAY GHAR WALO KO SATIFIED KER SAKOON SHUKERIYA
    AIK BETI
    ISMA
    Wa alaykumus salaam
    Nikah shariat men aik contract he aur usmen do gawaah ki zaroorat he aur mard nikah ka paigham pesh kare aur aurat use qabool kare. Yehi kaafi he nikaah ke liye. Masjid men nikaah parhwana aik sunnat amal he aur agar na kiya ho tu nikaah men faraq nahin aata.

  110. MY WIFE WAS BEING HOSTILE AND VERY DIRTY IN HER MANNERISMS AND HER TREND OF THOUGHT. SHE CHALLENGED ME THAT SHE COULD STAY AWAY FROM ME AND NOT BE AT ALL REMORSEFUL EVEN FOR SIX MONTHS. SHE HAD ALREADY ABSTAINED FROM ANY RELATIONS WITH ME FOR OVER A MONTH. THEN SHE SAID SOMETHING THAT MADE ME VERY HURTFUL AND ANGRY. SHE SAID THAT SHE WOULD SHOW ME THAT SHE COULD HAVE ANY NUMBER OF OFFERS FROM MEN WHO WERE INTERESTED IN HER AND SHE WOULD BECOME A PROSTITUTE AS I COULD NOT GIVE HER THE KIND OF MATERIALISTIC LIFE THAT SHE DESIRED. I THEN SAID TO HER AND I USE THE EXACT WORDS :” IN THAT CASE I WILL GIVE YOU ONE REVOCABLE.” AND THEN SHUT MY MOUTH. I DID NOT UTTER THE T WORD AT ALL. MY WIFE CLAIMS THAT WE ARE NOW DIVORCED AND THAT I SHOULD LEAVE THE HOUSE AND HAVE NOTHING TO DO WITH HER. IS THIS TRUE AND VALID?
    Wa alaykumus Salaam
    Since you did not mention the talaaq, no talaaq has taken place. For arguments sake, even if it took place you can recall her and she has no right to deny the revoking. So i dont see her argument .As a word of advise , i would encourage you to look over your situation carefully.

  111. assalam-u-alikum,
    i was married to a girl, against my will, under alot of family pressure, i was in love with some one else at that time, after the marriage my wife asked to continue her studies for two years. so she practically stayed at her mother’s place, i agreed cuz i just wanted to live my life, and have freedom of staying in touch with my love. after some time i decided to get married to this girl also and got my mom agreed on that. this girl wanted me to divorce my first wife, to which i agreed,and promised that i would. but i could not as my parents gave my sister in marriage to my first wife’s brother. despite my inability i convinced her to get married to me and we finally become husband and wife in a simple ceremony. i have a baby girl from my secound wife now. when my first wife came to know about my new wife she accepted the fact but demanded justice. where as my secound wife kept increasing pressure on me to divorce her and fulfil my promise but i could not as now i felt that divorcing her without any reason was not right. my first wife also got pragnant a few months back.. the argumentation on the subject with my seccond wife continued to a point where i divorced my her two times at one ocasion (i was counting it as one divorce), then once when she was in waiting period of the first and once at a different occasions. on the last ocasion when i divorced her she held my front side of my shirt and shouted at me to divorce my first wife too. i had no intention of doing that but in the spur of the moment i called my first wife’s phone and said ” mere taraf se tumhe teen talaqen”. then my secound wife saying that she was in periods and a talaq is not valid in that case, she also showed me a book in which Hazrat Umar’s (R) took a man back to his wife for raju when he had divorced her in that time. my first wife says that she has been divorced, to which i do not agree as i think i said all the words when i was under compulsion from my second wife. i also do not want my first wife to know that i had done it under compulsion. i should also mention that i believed that divorce given any number times is at one ocasion is only one divorce also that there is no divorce when a women is in her waiting period of first divorce. but my first wife’s family believe that saying three times means an end to marriage and there is no signficance of waiting time in that case.. please advise
    Wa alaykumus salam
    Firstly Talaaq mentioned in jest or in durss is regarded as talaaq. Seondly if three talaaq is given in one utterance it is three and the wife becomes haram on the husband until she remarries and either her seond husband gives her talaaq or he passes away.If in one sitting more then one talaaq is mentioned then it will be regarded as the amount uttered. Thirdly talaaq given to a wife while in haidh takes place but it is makruh. Therefore Sayyidina Umar radhiyallahu anhu ordered his son to recall her as he had only given her one talaaq and talaaq her once she is clean.Therefore the interpretation taken by you and your wife is erroneous.

  112. As salamu ailaikum. I was just reading that long entry and wanted to ask you if you could clarify for me, and I’m sure others, what the Dawood Hadith is referring to when it discusses that divorce does not take place under two ceryain circumstances. Can you explain those circumstances because I see that some scholars follow that and some others say Divorce is always valid no matter what. Can you give me your respected opinion on this matter please.Thank you
    Wa alaykumus Salaam
    Please supply hadeeth. The issue has been answered previously. Just to make sure you are speaking about the same hadeeth.

  113. Dear mufti Sahab
    If someone has given one talaq to his wife and wants to reunite again note the period of iddat is not over what he has to do?

    Is it necessary to tell his wife that i reunite with you?

    Is it ok if he intercourse with her wife with the niyya of reuniting?ASSAALAAMU ALAYKUM
    Yes having relationshuo with her will be regarded as a recall.

    • This is in connection of question

      By: Salman on February 13, 2010
      at 10:01 am

      What if husband has given 1 talaq then do rujjooh with his wife then after some days give 2nd talaq then rajooh is it ok or this option of reuniting is valid only for 1st talaq?

      Is it necessary/mandatory for husband to inform his wife that he is doing rajooh?

      Jazak allah khair
      Wa alaykumus salaam!!!
      Ruju is valid after first and second talaaq only. When making ruju the wife will have to be informed to prevent dispute later.

  114. Dear mufti Sahab
    I was thinking abt talaq-e-kanayah while at home in the mean time i tell my wife statment

    chally ja (go away) while saying this i thought if i say these words with the intention of talaq then there would be talaq.please specify does this constitutes to talaq?

    Please note there is not any clear intention resulting from some heated arguments or something like that.

    does this sort of talaq needs to have very clear intention of talaq?
    ASSALAAMU ALAYKUM
    Any word used that is not clear talaaq will require intention from the one issuing it.

  115. is talaq given in anger valid, when the person did not even realize he gave it and had no intention of giving it? i read hadith which said there’s no talaq in ighlaq. isnt’ the intention counted?
    Wa alaykumus Salaam
    Anger is from Shaytaan. Also anger causes a person to loose his composure and therefore is forbidden.In a hadith that is in Bukhaari it mentions that Talaaq given in jest or ernest is regarded as talaaq. Talaaq given in anger is talaaq in ernest and therefore accepted.
    By the way i dont think any will give talaaq inhappiness and calm unless an agreed upon talaaq.

  116. after nikkah if a men gives divorce 2 her wife and they have no sexual relationship so womwn needs 2 complete her iddha?
    ASSALAAMU ALAYKUM
    If no khalwat saheeha takes place then there is no iddah on the woman. Khalwat saheeha means that no time was spent in total privacy between husband and wife while she is not in haidh. If sufficient time was spent in privacy then there will be iddat.

  117. As’Salaamu Alaikum. I got married 2 years back. every thing was ok between me and my husband. From the begining I had post coital bleeding problem which means whenever we have intercourse I started bleeding. It had happend 12 to 14 times during the 3 months of my marriage living together. I lived with in laws and he lived in someother city for work. This was reason of tension for us otherwise every thing was ok. The DRs said that this problem would be cured and it would settle down with the passage of time. I was getting treatment that time. After 3 months I came back to my parents and very next day my inlaws called my mother and said it is all over bwteen us. I was shocked at that. My parents went to my inlaws to disscuss the matter and my inlaws and my husband agreed to give time to solve my problem. My parents came back. At night I called my huband. He talked to me angerly. He said if this problem would not be solved with in some time he would not wait. He realy talked angerly to me. I got frightened and told every thing to my parents. They got angry. Next morning my elder brother called my in laws that they would come to their house to take back my dowry. They went and brought back all my lagguge which was given at the time of Marriage. My husband got angry at that. He send TALAQ-E-SALASA notice with this wording that I give you salasa talaq and also send its copy to union council. In the next 3 months the council sent me and my husband 3 notices for settlement but it wouldent happend altough after sending me divorse papers my husband wanted to take me back but due angerness or for other reasons could not do so ispite of his wish. In the meantime setle ment failed and our divorse registerd. Even now we have love for each other and want to live together .Please guide us the way acording to Quran and Sunna that how can we be together again. We really want to become husband and wife again.show us the way to be together again. Thanks.Alah Hafiz. Please give me complete fatwa on this
    Wa alayumus salaam
    Once three talaaqs are given then there is no of getting bac together . If the wife marries someone else and thereafter is given divorce or the new husband [asses away , only then will she be liable to remarry with her first husband.
    In surah baqarah verse 230 the verdict is clearly given. Herwith i provide the tafseer of the verse as given by the boo of tafseer jalaalain,-
    { فَإِنْ طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجاً غَيْرَهُ فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ }

    If he, the husband, divorces her, after the two utterances [of divorce]; she shall not be lawful to him after that, after the third [utterance of] divorce, until she marries another husband, who has sexual intercourse with her, as reported by the two Shaykhs [Bukhārī and Muslim]. If he, the second husband, divorces her, then neither of them would be at fault, that is, the woman and her first husband, to return to each other, in wedlock, after the completion of the waiting period, if they think that they will maintain God’s bounds. Those, matters mentioned, are God’s bounds, which He makes clear to a people who have knowledge, [a people who] reflect.

  118. aslamualaikum mufti saham.
    my case is little bit complicated. wen i was 17 i fell in love with this girl (im 24 now). we were dating for a while n we both decided to do nikah without telling our parents n we did get nikah. after a while maybe after 2 years of nikah we stop seeing each other and i divorced. we never slept together. well my question since we dint sleep together, was my nikah valid? some ppl told me if there is no sexual relation between wife and husband for certain period after marriage then the nikah is not valid. and question 2 is do i have to tell my second wife abt the first nikah? thank u very much

    By: mohsin on March 21, 2010
    at 5:52 am

    Reply

    Your comment is awaiting moderation.
    wa Alaykumus salaam
    Strange that you asking of something which bares no cinsequences for you. How was the first nikaah performed?
    If you wish to inform her or not lies totally with you. If you wish to be honest and open then inform her.
    Were there witnesses present or not.
    2.You mentioned you gave her talaaq , so what is the worry about? She is seperated fromyou.
    What was told to you is all but fables and hold no position is shariah.

  119. As salamu ailaikum. Can anyone answer my questions from over a month ago?
    Wa alaykumus salaam
    Plz repest your question. I am busy with a building project and therefore get very little time to attend the q&a Afwan.

  120. Assalam-u-alikum .
    I hope you are ok.I just want to confirm one thing according to sunnah.If husband fails to fulful his wife sextuall need delibrately, and doesnt like his wife.In this case what should wife do?In islam is there any time limit for physicall relationship among couple who live togather.If husband is ok but dont have any relation due to dislikeness after one child.how long they can be togather without relation.I want to tell you that i have one son and he is now about two years.we havnt got any relation after the pregnancy and its now two years .we are living togather.is there any fatwa according to islam.
    PLZ send me answer as soon as possible.I would be very thankful to you and god give you ajar of this.
    khuda hafiz
    Wa alaykumus salaam
    Conjugal rights belong both to husband and wife. If the husband denies it then the case should be taken up to the local ulema body to ask for fasakh of the nikaah.The woman has the right to ask for the nullifying of the marriage. This drcision should be taken by the local ulema who will hear both sides story.

  121. Salaam Mufti Saheb

    my husband and I were talking and during the course of conversation he said I dont think we’re legitimate because may have effected divorce in the past however, cannot be sure for certain.

    If one has the thinking they may not be legitimate because they may have said words effecting divorce but on the other hand they are not sure of the words used for definite (some years have passed) – Does one have to go with whatever words overcome them if they are uncertain. We dont want to live in uncertainty of being legitimate/illegitimate.
    We would be grateful for your clarification.
    Jhazak Allah
    Wa alaykumus Salaam
    There is a simple verdict that is a principle of fiqh
    Doubt does not nullify the known
    إليقين لا يزول بالشك
    Since you are fully aware that you are in nikaah and you are doubtful of talaaq having taken place, it will have no effect on the marriage.
    Therefore until definite proof is not established no need for worry.ا

    • Jhazak Allah Khairun for your response Mufti Saheb

      I would be grateful for your clarification – we contacted a Mufti online prior to contacting yourself and they replied that according to the Hanafi Fiqh if one thinks they may have effected a divorce then it is religiously more precautious to regard it as a divorce. We are confused and would like your clarification as we cannot actually remember the words used.

      Jhazak Allah once again.
      ASSALAAMU ALAYKUM
      First we need to ascertain whether the memory of divorce is absolute or not. If there is doubt then there will be no divorce.Why so much of worry for something we are not cetain about? Until there is no assurity , there will be no talaaq. The issue of “ahwat” (being precautuous) does not play a role without being definite.
      AND ALLAH KNOWS BEST.

  122. Assalamu Alaykum.

    I issued a letter to my wife that I will divorce her. I have also told my father “I can not live with her. I would rather prefer me to be dead etc” with the intention of divorce. Does this statement make talaq Kinayah? Did divorce occur?
    Wa alaykumus Salaam
    Intention of divorce does not constitute divorce. Two things in your question is unclear.
    1. You mentioned,”i will divorce you” in the future tense. If so then no talaaq.
    2. You told your father that you rather die than live with her. Did you intend that statement to mean immediate divorce or not?
    These two issues need clarity beforeany verdict can be given.

  123. asalam va laikum
    mene apse kuch sawal talaaq k havaley se kya tha 2times but apki tarf se rply nai aya 15days hochukey plz rply me
    plz mere gmail pr hi jawab dedey i am waiting sir
    Wa alaykumus SalaamAAp se aik Sawaal? Khud sawaal men yeh he ke usi sawaal ka jawaab do mukhtalif jagaaon se maloom karchuke ho, tu ab kitni aur jawaab zaroorat he? Kiya jab tak matlab ki baat ka jawaab na mille tui sawaal karte rahogi? Jab pehli jawaab milli phir doosre ki kiya zaroorat thi. It seems you are very picky and choosy in your venture to get an answer.I now answer your question as well.

  124. Assalamu-alaykum Mufti Saheb

    If a person says to his wife I want to finish it or I want to divorce you is the divorce valid?
    Wa alaykumus salaam
    The word “want” refers to intention which is not Talaaq.For Talaaq to be valid the word used has to be in the past or present tense.

  125. Assalamu-alaykum mufti saheb

    I posted a question to you two days ago and do not appear to have had a reply. I last contacted you on the 2nd and 19th October above and I have recently been getting the thoughts that what if the text I received meant that I am giving a divorce and another one if I stayed at my mother’s. I am beginning to feel at fault for not discussing it verbally. I feel that if I hadnt asked the question for clarification would it have meant a divorce. I have no way of knowing now. I would like your further advice.
    Jhazak Allah
    Wa alaykumus Salam
    Your thoughts do not play any significance in the issue of talaaq.For any clarification ask the opne who wrote what he meant.

    • Assalaamu-alaykum mufti saheb

      In the event that one cannot remember for certain, I would like to ask would I have to go with the clarification sought at the time (approximately 2 years ago) or with what one thinks it may have meant?
      Wa alaykumus salaam
      Its more advisableto go by the verdict sought previously.

      • Jhazak Allah Khairun for your reply Mufti Saheb

        My last question is that according to the fiqh would I still be held accontable for failing to seek verbal clarifcation or more clear clarification which i now feel is in my case. I did immediately reply for clarfication however it was via text communication only. I know that I adhered to the condition I believed to have understood at the time.

        I would like to overcome the whispers and thoughts I have started to experience and I know you have previously advised me to read the 3 quls and Bismillaah 3 times after fajr and maghrib salah – can I resume the same recitation as I need to overcome my problem of such thoughts entering my head all day.ASSALAMU ALAYKUM
        Yes you may restartit infactmake a habit daily asit is from hadeeth. In sha ALLAH it will remove all evils.

      • Salaam Mufti Saheb

        Further to your advice to go by the verdict sought previously, I have got up this morning with even more bad thoughts. I am very very distressed. The thoughts I am getting are that did I read the message as a valid divorce immediately. I am getting whispers and asking myself was there really a need to seek clarification.

        A part of me feels that there was a need to seek clarification and the reply led me to believe it was a conditional divorce. A part of me feels that I feared it was a divorce and sought clarification to establish certainty.

        I did not seek further clarification following the sms I sent and based on the reply I accepted and adhered to what you explained was a fouri talaaq. I wish these thoughts had entered me at the time. It has made me very distressed and making me stay away from my husband. Does the shariah allow me to just consider it as a divorce in view of the fact that:
        I failed to seek verbal or more clear clarification
        I am getting bad/mixed feelings

        Mufti Saheb please give me your verdict either way so I can get on with a normal life either way.
        Wa alaykumus Salaam
        The best person who can answer your doubts is the one who has given you the talaaq. No mufti can read his mind.

      • Assalamu-alaykum Mufti Saheb

        In accordance with your advice and in order to clear my doubts, I asked my husband if he can think back and remember anything surrounding the sms he sent to me approx 2 years ago or what was in his mind and he has said he cannot recall anything regarding it and his memory is very weak.

        The only definite proof I now have is the reply he sent to my question seeking clarification at the time, which led me to believe if I stayed at my mother’s he would give me a divorce. I obviously didnt stay due to this.

        I would like to know how do I now stand in line with the shariah?
        Wa alaykumus Salaam
        If the Talaaq was conditional according to your understanding and you did not allow the condition to fall through, then there is no talaaq.

    • Walaykum Assalaam

      Jhazak Allah khair for your response Mufti Saheb
      I would be grateful if you can also address the first part of my previous question regarding the fiqh issue concerning failing to clarify verbally in the past. I only clarified by means of SMS. I fear that I may be held accountable for failing to clarify more clearly or verbally. I understood it to be a conditional divorce according to the reply via SMS, however my recent thoughts have led me to believe and think that I may have misread it and there is now an equal chance it may have meant a divorce and there is no way of knowing for certain as so much time has passed. I have started to get whispers all day long.
      Assalaamu alaykum
      If clarification is given via sms then it is equal to a verbal clarification.A written clarification is acceptable in shariah.

      Apologies for any inconvenience.

      • Assalamu-alaykum
        Thanks for your reply Mufti Saheb

        I did understand and believe the divorce to be conditional following the reply I received in response to my question seeking clarification and accordingly I did not let the condition fall through.
        Sometimes I just feel that perhaps I could have obtained much more clearer clarification either verbally or via sms for my own peace of mind but failed to do this back then as I naturally felt I had gained sufficient clarification in that situation – these latter thoughts came to me more recently – I may be making an issue of it unnecessarily but just feel i need to get my thoughts addressed – would this be held against me in anyway.
        Wa alaykumus salaam
        These are but wasaawis 9whisperings) from shaitaan. Do not pay any attention to it. Make du’aa to ALLAH to protect you from such wasaawis which can be troublesome and worrysome.

      • Assalamu-alaykum Mufti Saheb

        I still seem to be somewhat worried. Sometimes I feel like I am going too deep and cannot make sense of things anymore. My memory cannot recall precisely everything regarding this matter but I am trying very hard to try and remember my reaction to the text and sometimes I think what if I initially interpreted the text as a valid divorce and then sought clarification to be certain and sometimes I don’t know what I thought initially.
        All I know for certain is that upon receiving a reply to my request for clarification I understood and believed the divorce to be conditional. Will these thoughts I am now getting hold me accountable in any way for seeking what i think may have been unclear clarification? At the time I naturally did not think anything of it. I dont understand why these thoughts have entered me some two years later but for some reason they seem to be causing me distress despite trying not to pay attention to them.
        Wa alaykumus Salaam
        With your permission i would like to ask you some questions you may regard as nonsensical to you but they are with reason.
        1. Do you find that your sleep is disturbed by waking up at odd hours?
        2, Do you tend to have memory lapses or concentration lapses?
        3. So you have weird dreams ?
        Do you find a lack in the zeal for making ibaadah?
        Please reply if you accept for us to analyze the issue.
        Jazaakumullaah.

  126. Jnb mufti sb aslalam alaikum warahmtullah wabrakathoo,,,
    mere dost nai apni bibi ko do baar talaq keh dala gussai mai aakr woh isliye ki aksar bibi shb unki insult kar deti hai chaar aadmi kai samnai or yeh nahi sohti hai ki mai kya keh rahi hoo yeh talaq unhonai kisi kai saamnai nahi di hai ab aap please yeh bataiye ki un miya ko kya karna chahiye mashallah unkai teen chotai bachai hai or shadi ko 17 saal bhi ho gaye hai husband nai unhai kai baar samghaaya hai ki agar aap ko koie bhi baat karni hai doosro kai saamnai na kahe baad mai jab akele mai ho to keh de lekin woh kabhi bhi nahi sunti or jahaa chahe husband pe baras parti hai aakhir insaan hi to hai agar galti karta bhi hai to lekin kher aap please tafsheel sai batiyega ki un sb ko ab kya karna chahiye aap ke jawab ka betabi se intazaar rahegaa kyou ki mamla bara hi sangeen ho raha hai.
    jawab ka muntazir
    ..zizakumulla
    Wa alaykumus salaam
    Jab lafz e talaaq aap ne pukara kwaan razaamandi men ya ghusse men , dono suraten men talaaq ho jaati he.Aap ne do dafa lafze talaaq istimaal kiya tu do talaaq waaqi howi. Agar iddat men aurat ko wapas bolaayaa jaai tu unko wapas aana parta he aur nikah barqaraar rehta he.Haan ab sirf aik Talaaq ki ijaazat rehjaati he. Agar iddat guzarjaai tu tajdeed e nikah zaroorat he.

  127. Assalamu Alaikum
    A year ago in a fight with my wife namely Khalida I divorced her with one irrevocable divorce (talaaq-e-bain). she then left me for her mom house and has not yet returned.
    A week ago I said thinking her ” If I marry Khalida then three divorces to her”
    Now I want to marry my ex-wife Khalida. I know if I marry her then all three divorces will take place automatically.

    How about If I follow any of following procedures, will still three divorces take place.

    1)If I tell my elder brother that I have made the aforementioned statement and now wish to marry Khalida. However after saying the statement neither I can marry her nor I can make another person my Wakeel to conduct my Nikah with her. There is only one way my Nikah is possible with Khalida and that is if some one without my permission marry me with Khalida and when I come to know of this Nikah then I consent to it.
    After listening above my brother does the same.

    2) If I inform a Mufti sahib of my situation and he then calls my relative on his own and informs him about complete procedure to marry me to my ex-wife Khalida. Then my relative does the same as Mufti sahib will tell.
    Please answer if above procedure will work in Shariah or not. Also kindly elaborate me with complete method to marry my ex-wife Khalida without her being divorced.

    Jazakallah and Shukran
    Wa alaykumus Salaam
    I request that your actual words be stated as said or thought about. There is a possibility that there is a possibility of resolving the issue because your “heela” are not practical.

  128. Assalamu Alaikum
    Mufti sahib
    I uttered the words clearly from my mouth ..
    I loudly said
    “If I marry Khalida then three divorces to her”
    in Urdu
    Agar Khalida se shaadi karon to usko teen talaaq.

    Please state how is my marriage now possible wiht my ex-wife Khalida.
    Wa alaykumus salaam
    May i ask you if you have the right to three talaaqs when you alr4eady used up one. in an oath the full amount has to be realized for its validity.
    Understood???

  129. Assalamu Alaikum
    Mufti Sahib
    I clearly and loudly said “If I marry Khalida then three divorces to her” in Urdu
    “Agar Khalida se shaadi karon to usko teen talaaq”

    Please now tell me how is my marriage possible with my ex-wife Khalida.

    I came to know that if some one does my Nikah without my permission with Khalida then it will be valid.

    Jazakumullaho Khaira
    Wa alaykumus Salaam
    Nikaah without your permission is not permissible.It only takes effect after your permission, therefore the heelaa taught to you is baseless.
    However there is a slight issue on your oath.You mentioned three talaaqs but you do not have right to three talaaqs as you have already given her one talaaq. Since it is an oath , therefore it cannot be fulfilled.I therefore think you should give kasffaarah for your oath and you are free to marry if she wants you back.

  130. Assalamu Alaikin
    Janab
    I want to ask you that if in past person has really given a Talaaq but presently he does not remember it.
    Now please tell me the hukum of Shariah that will it be counted as one Talaaq or no Talaaq.

    As you know in the eyes of Allah it is a Talaaq but a person really does not remember it if he has really given Talaaq or not.

    You often say some thing which is not remember is not to worry about. will this also apply in my case.

    I am waiting your reply in this regard. Bohat bohat Shukriya aap ka
    Wa alaykumus Salaam
    My simple question to you is that iof you do not remember it then definitely your spouse will. If the spouse does not then i dont think there is a necessity to make an issue of it.

  131. Salamo Alykum,

    I want to ask the Ruling if a man made a conditional divorce based on a condition he cant remember. please help

    Saeed
    Wa alaykumus salaam
    How is it possible to make a conditional divorce without emembering the condition> It he does not remember he has a spouse to remind him.
    Find out what it was and then the answer can be given.

  132. Assalamu Alaikum
    I live in Karachi Pakistan. Few time ago my husband uttered “Azaad” word in a fight. He said “Tum meri taraf se azaad ho jaha jana chaho ja sakti ho”
    Now
    According to DarulIftaa Deoband, India site “Azaad” word in fight with wife constitutes one Talaaq-e-Rajee without any intention as it is a clear “Sareeh” word and is commonly used for Talaaq nowadays. I know it will not constitute any talaaq without intention according to you because you live in South Africa but in Indian “Urf” it constitutes one Talaaq-e-Rajee while saying it in fight with wife.
    But according to Karachi, Pakistan “Urf” it constitutes Talaaq-e-Bain without any intention. However there is one Institute which is very famous i.e. Darul Uloom, Karachi which is run by Mufti Taqi Usmani and his brother Mufti Rafi Usmani sahib. They say that it constitutes Talaaq-e-Rajee while saying it in fight with wife. My husband checked from Daruliftaa-Binori Town, Darul Iftaa-Jamiatur Rasheed, Jaamia Binoria. They all say it is talaaq-e-Bain and terminates the Nikah.
    Can you please shed your comments on my important issue …like which Institute should I follow in case Talaaq when there is controversy about my issue in Karachi one say it is Talaaq-e-Rajee another say it is Talaaq-e-Bain.
    Wa alaykumus salaam
    I ama graduate of Jaamiatul uloomil islaamiyyah, binnori town and thereforeprefer their verdicts in matters. As for his utterance your husband , he made it cvery clear that you are free and accordinglyit will be talaaq baain whicch requires tajdeed of nikah. The word Azaad is from kinaayaat and therefore we are of the same opinion as the muftis of my Mother Institute./

  133. Assalamu-alaykum mufti saheb

    In answer to your questions
    1. Waking up at odd hours did happen alot however this has slowly improved recently.
    2. I do have memory lapses and concentration lapses quite frequently.
    3. I have had a few weird dreams recently some which i do remember and some I cant remember fully.
    4. My ibaadah has been lacking considerably.
    Wa alayjynys Salaam
    It seems
    like there is soem form of interference on you. This normally are detected by the various symptoms mentioned above. I advise you to start making one tasbeeh of the following-
    1. Read Astaghfirullaah 100 x
    2. Read wa salallaahu alan nabiyyil ummiy 100x
    3. Read Laa howla wa laa quwata illaa billaah 100x
    4.Read Laa ilaaha illal laahu wahdahu la shareeqa lahu lahul mulku wa lahul hamdu wahuwa alaa kulli shay in qadeer.
    Read all daily and tell me the outcome after a week. Insha ALLAH.

  134. Jhazak Allah Khairun for your help mufti saheb
    I will Insha ALLAH start the above tasbeeh tomorrow and contact you again in a week.

    Apologies for contacting you numerously. I just cant understand how and when the above thoughts started to take over me.
    ALLAH MAKE THINGS EASY FOR YOU. AND REMOVE FROM YOU ALL DIFFICULTIES, INSHA ALLAH.

    • Assalamu-alaykum Mufti Saheb

      Following your request to make a tasbeeh everyday, things have improved a little Alhamdulillah. Although the interference has not diminished completely, I do not get the same level of thoughts affecting my concentration and I’m grateful for that. Shall I continue to make the above tasbeeh and if so for how long?

      I still have a degree of fear that what if Im wrong in my actions but it is not as distressing as it was before I started the above tasbeeh.
      Wa alaykumus Salaam
      Continue it for another forty days and the improvement continues then make it a daily wird.

  135. Assalamu Alaikum
    I issued one irrevocable divorce to my wife on her wish 5 months ago. We have not yet done another Nikah. On my wife insist I said her “If I do Nikah with you then you are divorced”
    I took fatwa from askimam.org and they said if I want to marry my ex-wife then if some one without my permission /instruction marries me to my ex-wife and when I come to know of this Nikah then I consent to it by sending Mahr to her.
    I showed this Fatwaa to my elder brother who then revealed this to my in-laws that my Nikah is broken now with my ex-wife.
    On listening this I lied to my in-laws that I have said that “If I marry any one then divorce” In real I have actually said “If I do Nikah with her then you are divorced”
    Actually I was lying to hide the truth from my in-laws.
    Now I don’t want to marry my ex-wife and want to marry another woman. In the light of Shariah & according to circumstances explained above if I marry any other woman will she also be divorced.
    Wa alaykumus salaam
    please be careful with your utterances. As hakim Luqman alayhir rahmah mentionjed that the tongue can be the best and at the same time be the worst. It can cause you to recite the kalimah at the time it is most neededi.e. at death and also cause you to utter words at kufr at the same time. Remember your utternances are like bullets fired from a gun.
    Anyway the statement made was not an oath but rather a lie spoken so it does not have effect. So no need to worry.

  136. Assalam-o-Alaikum,
    Aik din pahaly maree wife mujh say pochay bina ghar say bahar kaheen chalee gaee. Mujhay ghussa aya. jab wapis aee to mujh say kahnay lagee ka apnay mujhay fon kion naheen kia kay main kahan hoon. Main nay kaha ka tum apnee murzee say gaeen theen apnee murzee say wapis agaen. Main kioon fon karoon. Uss na kaha kay aap ka mujh pay koee haq hay ya naheen. main nay kaha naheen (mairee neeyat talagh kee naheen thee). Phir uss na ka app mairay shohar nahee hay kia. Main nay kaha naheen may tumhar shohar naheen hoon (mairee neeyat talagh kee naheen thee). Kia aisa kahanay say talagh hogaee. Please jaldee batain. Thanks
    Wa alaykumus Salaam
    Talaaq nahin huwi.Na talaq ka muzaakaraah horaha that na mutaalaba. So no talaaq..

  137. Assalam o alikum
    Dear Sir,
    some two days back my wife was very angry and she said me khula three times only in front of me. does talaq take place. please reply me as soon as possible.
    i have raised the same question yesterday also but my comment does not show in the list. i kindly request you to send me a mail.
    Wale kum assalam
    Wa alaykumus Salaam
    The wfe saying Khula does not constitute khula. Khula is an agreement between Husband and wife to give her divorce in lieu of payment agreed upon. So whatever she uttered is worth nothing.

  138. salam, mufti saab mera app se sawal hai , mian ne apni biwi ko jhagre main or ghusay main 2 bar talaq di hai , 12 march ko or uss ko menses 15 march ko aye , main yahan doha main rehta hoon , meri biwi bhi mere sath rehti thi , 2 bar talaq ke daye ne ke baad meri biwi ne kaha muje pakistan bhaijh do main ne bhaij diya , ab main rujoo kerna chahta hoon , main ne aik mufti se kaha to us ne kaha tum 3 mahine ke andr la sakte hoo. app se poochna hai kiya talaq bain ho gai yanhi, or iddat poori ho gai , shaid iddat main wapis lana hai , muje zara renumai ker di jaie. 3 mahine ki mudat guzar jai too nikah ki tajdid ho ti hai , pl app bataye , or app ko batata chalo meri biwi jhagralo tipe ki hai , wo mere maan baap ke sath nhi rehna chahti , kehti hai main tumare sath tumare maan baap ke ghar rhi too main apni beti ko kamre se nikalne nhi don gi , or main ghar ka kaam nhi karoon gi , app mere liye dua kijaye ga, or sawal ka jawab bhi di jaye ga.. jazakallah ho khair …………..
    Waalaykumus salaam
    Is masala ka jawaab kahi baar dechuka hoon

    !, Iddat teen haiz ke guzerne ke baad khatam hoti he. Ager teen haiz guzra he tu nikaah ki tajdeed ki zaroorat he aur nayi mehr dena parta he.Bas yehi masala he.
    @,. Ager aurat jagraaloo he tu aap soch kar wapas lena. Sharaait lagaa kar baat puri hojaay phir faisla karna.

  139. Asalamualaikum wa rahmahtullah wa baraketu. dear imam, could you help me with a matter. me and my husband had an aurgement, about islam and christian book.in which he said to me look you are not as inteligent as me, and he cant talk to me on a level or confide in me, or tell me any of his problems. and he feels short changed, He said i am beneath him in inteligence, you cannot imagine how this made me feel much more was said and i told him i do not want to be with a man with manners like this.he has threw me out of hes property in front of hes freinds before now,for asking to change a channel on the tv.he makes my life hard work and i feel i can not bear him a moment longer.im so misrable.he phoned me later and told me if i want a divorce hell give me one me. i was relieved. marshallah as this is the third time now he gave me in temper my last two.then what he did was text it to me and said(i divorce you.let 4 people see this its legal.what i want to know is this the opinion of all the diffrent schools of thought i have had opinion of hanifa school and he is salafi .and he is now trying to say it doesnt count beause i asked and i have no right to ask.as talaq is with the man only. which i agree. but i agree with hanifa explanation that he wrote i divorce you so we are divorced and he definatley sent it. could you please let me have your opinion on this and hadith to back it up including the diffrent schools of thought on this thank you in advance and may Allah reward and giude you armeen.
    Wa alaykumus Salaam
    the claim of being “salafi” is but a ploy of not taking responsibilty for their misdeeds. There is no difference of opinion of any learned Scholars that if the word talaaq is either uttered or written by the husband and addresses it to his wife, talaaq falls.The wife asking for talaaq has no bearing on the issue.

  140. Asslamu Alaikum
    My parents engaged me to a girl whom i don’t like. I like another girl. Last weekend I was thinking about my fiance and was very irritated with her and took oath “agar shaadi karon to talaq”
    i want to marry a girl whom i love and not the fiance. with above sentence will my fiance be divorced on marrying her or any girl i marry will be divorced. pls note i was only thinking about my fiance and uttered the aforementioned sentence in anger.
    Wa alaykumus salaam
    It will refer to whom you intended.

  141. assalamualaikum……. dear mufti saheb my question is i m living from the past few days at my moms place b’coz my husband has sent me to spend the my last month of pregnancy… but i keep on coming at my husbands place every alternate day…. now my husband misses me a lot and in dat condition he alwayz utters tu mujhe chodke mat jaa or once in a playful mood he said ‘tune to mujhe chod diya’… i want to know whether above statement uttered in playful mood harm our marriage…. sir pls reply soon
    Wa alaykumus salaam
    There is no harm by these statements.

  142. Assalamulaikum,

    I would be most grateful if you could answer two questions regarding iddat:

    1) I have been married for over a year and half and have had problems with my marriage since day one. As a result we have not consummated our marriage even though we had the opportunity to do so. Will the 3 months iddat apply to me?

    2) With regards to remaining in the marital home during iddat, my marital home is actually one of my mother’s property. My husband has never contributed to my maintanance and has basically been living for free in my mothers home, so it’s not his property. Also, if we go ahead with the divorce he will be moving out to live with his relatives, so will I have to still remain in that house or can I go back to my mothers house?
    Wa alaykumus Salaam
    1. If time was spent with husband in seclusion, sufficient to consumate nikaah then iddat of the passing of three menstrual changes will have to be adhered to.
    2.In such an incident you can spent your iddat in your mothers home.(Just to inform , he is liable to give you maintenance for the period of iddat.)

  143. A.O.A, sir, My brother in law was fighting with me and I was defending my self at that moment my wife come between us and ask me to leave and didn’t say a single word to his brother. so i forcefully remove her from between 2 of us and said following words with no intention of talaq “Hat jao bech sey, kis talaq se bech me aa rahi ho, mera tum se koi talaq nahi” I said these words because she was taking the side of his brother. Now my mother in law has taken fatwa from someone and he said “ek talaq ho gai hey”, I don’t know what she told that mufti. but Kindly tell me in this scenario what is true? is it one talaq or not? waiting for your quick response.
    Wa alaykumus salaam
    As you sa9d that the word is taalluq and you did not mean talaaq then i dont understand how talaaq has taken place? Even if one talaaq is claimed you have full right to recall your wife within the iddat which here there is none.

  144. Salam e masnoon,

    Brother I have the truly same issue as mr. Rumi, but in my case when i came in between my brother and my husband, my husband said
    “mera aur tumhara rishta khatum, tum bech se hatt jao”
    according to me Rishta/Talluq have same meanings, I don’t khow the niyat of my husband but when i asked my husband “aap ney kis niyat se kaha to unhon ney kaha k tumhey talaq denay ki niyat hargiz na thi magar sirf tumhey bech se hatanay k liye kaha tha”

    In this case kindly tell me kia talaq ho gai hey ya nahi? waisay mein us din se apni ammi k ghar aa gai hon aur unhon ney mujhay mananay k bohat jatan kiya hein magar mujhay darr hay k kahin gunnah na kar bethon is liye aap ki guidence chahye, waisay meray khandan walay keh rahay hein k mujhay ek talaq ho gai hey? kindly reply soon aap ki behan Huma.
    WA ALAYKUMUS SALAAM
    In accordance to his intention, there will be no talaaq. Just for clarification, talaaq is of two types.
    1. sareeh (clear talaq). Here intention place no part. Like saying “i divorce you” or words like that.
    2.Kinaayah (words that does not mean talaaq but bears resemblance to it). In such words niyyah and intention places a role.

  145. For Refference:

    A.O.A, sir, My brother in law was fighting with me and I was defending my self at that moment my wife come between us and ask me to leave and didn’t say a single word to his brother. so i forcefully remove her from between 2 of us and said following words with no intention of talaq “Hat jao bech sey, kis talaq se bech me aa rahi ho, mera tum se koi talaq nahi” I said these words because she was taking the side of his brother. Now my mother in law has taken fatwa from someone and he said “ek talaq ho gai hey”, I don’t know what she told that mufti. but Kindly tell me in this scenario what is true? is it one talaq or not? waiting for your quick response.
    Wa alaykumus salaam
    As you sa9d that the word is taalluq and you did not mean talaaq then i dont understand how talaaq has taken place? Even if one talaaq is claimed you have full right to recall your wife within the iddat which here there is none.

    By: Syed Muhammad Rumi on July 7, 2010
    at 9:34 am

    Reply

    A.O.A, Sir uper jo question mein ney pocha hey usi silsilay mein guzarish hey us mein word talaq ko talluq parha jaye. Jahan mein ney roman urdu mein mun o aun alfaz ko likha hey
    Jawb wohi he jo bata chuks hoon. wswrwb

  146. Ass salam allekum,

    Couple of days ago me and my wife had a fight when she wanted to go to her mother’s house. it was 3rd time in a week when she wanted to do so. I got angree and i told her that if you ever go to your mother’s house again i’ll give you TALAAQ and if any one come from there to pick you up you will be free from my side. by saying that my only intention was to threat her not at all divorce. Now my question is, is she banned forever to go to her mother’s house? or if she will ever go or some one come and from there (her younger brother etc.) to pick her up then there will be any TALAAQ or not. what should we do please guide us.
    Wa alaykumus Salam
    Due to the circumstance the talaaq mentioned will only be momentarily and later she may do what you ordered her not to do. If you grant her permission to do so, then automatically cancell out.

  147. Assalamu alaikkum:

    Dear Mufti sahib,

    A man married a woman under sunni law and the mahar was paid during Nikah. Here, my question is:

    Is it necessary for him, again, to pay the mahar (mentioned during Nikah) during Talaq ?

    Jhazak Allah khair
    Wa alaykumus Salaam
    No it is not necessary. Infact there is only one mehr to be paid. When paid, no need to pay again.

  148. Dear Mufti Sahab

    Assalamu Alaiku Wa Rahmatullah Wa barakuh,

    Mufti sahab barai karam darj jel masla ka hal batayen :

    Dougher in law kahti hai ki uske father in law ne uske sharm gah mat hath rakh diya tha jab wo need se sorahithi and father in lah kahta hai us ne dekha ki daouther inlaw ka kapra hat gaya tha aor wo jaker usne kapra kecha taki parda hojaye us dowran uska hath sharm gah per lag gaya and father in law qasam khaker kahta hai ki meri koi boori nazar nahi thi.

    Is soorat ke kiya Masla hai wife apne husband ke Halal hai ?

    Bahut bahut shukriya
    wA ALAYKUMUS SALAAM
    Shahwat shart he hyrmat ke liye. Yahaan father in Law ka kehna he ke aisi koi baat na thi. Tu nikah par koi asar nahin.

  149. Assalamu Alaikum
    If an unmarried person utters following statement. will it be a valid Talaaq.
    “I divorce my wife after marriage”

    Please note person did not say following
    “I divorce my wife on marriage” Or “I divorce my wife if I marry her”
    Answer is awaited.
    Wa alaykumus Salaam
    Since no nikah has taken place, it ill depend on what was meant by the utterer.

  150. Assalamu-alaykum Mufti Saheb
    I would like to ask a question. The situation was that I went to stay at my mothers with the permission of my husband and the day I was due to come back home I asked my husband if I can stay a little longer and after some communication he sent me an sms stating if I stay at my mothers, he is giving me a divorce.
    I did not stay and returned home immediately – this was some years ago. we did not discuss the matter further.
    Since that time, my husband has allowed me to go and stay at my mothers and has not had any such issue with it.
    According to my precise understanding and belief the above condition only applied to the day I initially refused to return home but then returned following the condition imposed.
    I would like to ask does this in anyway affect our nikah.
    Wa alaykumus Salaam
    Your understanding is correct and this is known as talaaq 3alal four”.referring to the same time of the statement.

  151. Assalamu Alaikum
    If wife is disobedient and person has made all possible efforts to save the marriage and parents insist to divorce her, can person divorce such woman?
    Wa alaykumus Salaam
    If all efforts are exhausted in attempt of reconciliation and does not work then issuing talaaq will be permissible

  152. Assalamalaikum,

    After 4 months of marriage we separated, due to many problems in marital life. I was mentally tortured by the woman,and due to lack of compatibility, I insisted on divorce.

    To avoid any confrontation I moved out to another city,( and she went to her family.)

    Then I sent her 3 letters of divorce, each after a gap of one month. I had sent copies to 3 witnesses, also . I explained in detail all the reasons for divorce.

    The Alims involved declared divorce.

    However , My (ex ) wife and family are still insisting that it cannot be a divorce because :

    1) there was no proper reason for divorce.
    2) there was no attempts for sulaah.
    3) that she has not accepted the Daen Meher and also refused to accept the amount for iddat period.

    Please help me and explain if it’s a divorce or no , as they claim that without proper reason and without attempts for sulaah and without the woman accepting the amount there cannot be a divorce.

    Thanks for your guidance and help.
    W alaykumus Salaam
    Once the word divorceis uttered tot he wife divorce takes place whether there ere negotiations or not. Their claim is therefore null and void.
    2. If she refused the maintenance and her meht, that is her stupidity.That does not prevent the talaaq from occuring.

  153. agar three talaq lika di huo lakin us ko sirf one talaq di ho kh talaq ho jathey ha. Ma na zaban sa talaq nahi dia ha lakin three talaq ma na lik di ha. lakin ma na sirf aik talaq bajhey ha. kh ab wo meri wife ha ka nahi. ma us sa sola karna chata huo. is ka hal mujey patay ka mujhey kha karna huo gha. stamp paper par na na signature kha ha three talaq par lakin di aik ha.

    from,
    ASSALAAMU ALAYKUM.
    SAWAAL MEN KHUCCH PECIEDAGI HE. lIKHNE SE KIYA MURAAD. AAP NE KIYA LIKHA AUR KAISE LIKHA WOH ZARA BATAAIYE.

  154. Respected Mufti Sahib:

    Meri yeh masla hey kay men nay apni cousan say shadi ki thi aik sal pahlay.Larki say shadi say pahlay kush talkhi peda hoi thi, men nay uski mother ko batea kay yeh masla hey ap us say poosh len.Tu usi mother nay kaha kay koi masla nahin hey.Tum shadi kar lo.Mangni ki anghooti us nay khud pahnaei lakan jab shadi ho gae tu tu us nay hak zojita ada karanay say inkar kar dea.Men nay us kay ghar walon say bat ki tu unhon nay bi usay samjaea lakan wo naen mani.Men nay aik do martba unkay ghar walon kay kahnay par hambistri karnay ki koshish ki tu kamyabi nahin hoi matlab daghool naen howa.

    Mera masla yeh hey kay,phir uskay father nay aik sal bad meri kahin or shadi kar di or meri aik beti hey.Ab uskay ghar walay talak chahtay hen or wo yeh bi kah rahay hen kay aik lakh rupay gher moajal hak mahar bi ada karo or talak bi do.

    Men nay two lakh ka larki ko zevar dala tha.Men nay yeh pooshna tha kay kea in halat men jab wo larki khud talak lena chahti hey or us nay hak jojiat bi ada karnay say inkar kar dea,mera hak mahar dena usko sharei lihaz say farz banta hey.

    Jab kay us sahdi say men kafi zehni tension say guzra hun.Please ap Islamic law say mujay bataen or pls apna poora nam bi likheay ga takay men apkay feslay ka hawala day sakon.

    Your Comments:
    wa alaykumus salaam
    Mehr haqq e zawjiyat ke iwaz men diya jaataa he. Ager woh haqq adaa na kare tu kiya mehr maang rahi he? Haan ager aap khud talaaq de tu nisf(ada ) mehr adaa karna partha he. Lekin ager aap khud talaaq nahin dena chahte ho tu aap kahe ke talaaq doonga lekin mehr nahin doonga. matlab u aurat se khula karaasakte ho.

  155. Asalaamualaikum

    I have a question. My husband was roza & angry & then emailed me a divorce after a fight we’ve been having for a while, is this kind of talaaq valid? Esp since my husband says he did not want to divorce me.
    Wa laykumus Salaam,
    If he issued you a divorce then it flls through. If it was one then he only needs to recall you and the nikah will be correct as long as the iddat has not passed. Thereafter he will be required to take precaution not to utter or send such words again.

  156. Mohtaram Assalam-o-Alekum

    i have given one div to my wife with reason. ( main apko ap ki is ghalti per pehli … deta hoo) after that my wife said say again with my name then i said ( main ahsan ali apni zoja hira doughter of umer din ko apki is ghalti per first … deta hoo) on my wife wish. this matter was on mobile phone on 2nd january 2010

    in the same day and after this day we have contacted on mobile and she was angry on me but i told her that i have given you only one and you are still in my nikah, i will come home soon inshallah. but she left my house and switched off her mobile then i tried my level best to make contact but her parents did not allow and she also change her mobile number, then i sent letter to my wife at my father in law address. where it was clearly mentioned that i have given only one div and she is still my wife. but i could not make any sexual relation,
    these all contacts were made during 90 days of first div letter was delivered on 13 march 2010

    my question is ( is she still in my nikah ) as i contacted her on mobile and letter and told her so many time that she is my wife. can we count this contact as Ruju?

    my father in law says that i did not contact with my wife and 90 days are passed so she is not my wife now. and she says that i have given two div.

    please tell me my same wording will count one and i mention here k meri niyyat bhi aik hi div ki thi jo saza k tor per mai dena chah raha tha.
    Wa Alaykumus Salaam
    1. By you repeating the words for clarity or on her request will make it only ONE talaaq. By mentioning to her and her father that she is still in your nikaah will be accepted as ruju.

  157. Mohtaram Mufti Sahab
    Assalam-o-Alekum
    main yeh poochna chah raha hoo k tallaq aik ho ya do ager 90 days main phone per ya letter k through contact ker lia jaye to kia wo ruju mana jata hay, kia ruju main haq-e-zojiyat ada karnay ki shart hay kia? ager hay to wo husbands apni wife sa kis tarah ruju ker saktay hain jo apni job ya business k hawalay sa kisi or city main hoon or phone per divorce hui ho.
    mera main sawal yeh hay k RUJU k basic meanings kia hain, RUju main basic task kia hota hay jis ko karnay sa Ruju mana jata ha or nikal barqaraar rahata hay.
    WA ALAYKUMUS SALAAM
    IDDAT KE KHATM HONE SE PEHLE KISI KO GAWAAH BANAAKAR AHLIYA KOP BATAAYA JAAI KE MEN NE RUJU KARLIYA. yEHI KAAFI HE.

  158. Halalla Ka complete procedure mujhey pata da. kha aur dosri shadi ka bat kitnay month husband ka sat raha sakthey ha ka us ka bat wo talaq la lay aur halalla huo jahey
    HALALA KIYA CHEEZ HE AUR AAPKA KIYA MATLAB?

  159. Assalam-o-Alekum mufti sahib!
    2months ago meri n mere husband ki larai ho gai then i went to my parents home and after1month he send me talaq paper in which is mentioned talaq 3time(talaq,talaq,talaq).he sent me one copy n one in union consil n the 3rd copy on my parents village.union consil ne us talaq name pe etraz laga kar copy wapis kar di hey bc they told k 2families ko bithaea jae gha with ulmaa’s aur is tara ager dono prb solve kerna chaein to sab thek ho sakta hey.so my question to u is that yeh jo union consil kah rahi yeh jaez hey kia?i mean ager me n mere husband ik dusre ko wapis chahien to iddat k end hone se pahle yeh sab Allah ki nazro me thek ho gha k nai?
    thank you so much
    Wa alaykumus Salaam
    Since three talaaq is given whether in writing or verbal it is valid and re union with that man is now haraam until you remarry someone else and thereafter he either divorces you or passes on. then too only after completion of iddat can new nikaah be performed.

  160. AOA..main ap say aik sawal puchna chahtee hun k agar husband haram ki kamai kamata ho or biwi k kehnay k baavajud baaz na atta ho to iss suraat main aurat par kiya hukam hai.main apnay shohar ko bohat samjhati hun lakin vo match vaghaira par jua khailtay hain.kiya ye kamai haram hai.or agar main yehi kamai khatee rahi to na to namaz kabul ho gi or na dua..kiya iss surat main apne shohar say talaq lay saktee hun???Q k vo iss k ilava bhi bohat haram kam kartay hain….plz mujay batain.shukriya
    Wa alaykumus Salaam
    Aik cheez juwa khelna he aur aik cheez kamaai ka haraam hona.Ager kamaai mukammal haraam ho, matlabunke paise halaal tareeqah se nahin aate tuus surat men yeh khoshish honi chahiye ke us kamaai se perhaiz kiya jaai aur halaal se khana.Aik aur surat yeh he ke kamaai halaal tareeqah se ho lekin juea waghairah ki aadat he. us surat men aap unke halaal rizq se apne ghar ka saamaan khareeede aur jo paise juwa se haasil hota he usse bilkul paehaiz kare. Talaaq ka sabab woh na banaaiy. haan ager usmen aur kharaabiyaan he jo shariat ke khilaaf ho aur deeni nuqsaan ka andesha ho tu kisi kohakam(mediatoe) muqarrar karke unse baat kiya jaai.

  161. salam, please help me i am very very distressed. I have heard that if you say that your wife looks like her own mother for example her facial features (nose, shape of face) are the same does that constitute talaaq.
    I know you take three days to reply but please please reply sooner if you can i am so distressed that i feel like i want to end my life.
    Jazakallah Khair
    Wa laykumus Salaam
    No it does not constitute Talaaq. When a prson compares his wife to “HIS” mother that she is forbidden for him as his mother is then talaaq takes place.

  162. Assalam o alaikum,

    My husband once said to me: “Mujhe apni abbu kee baat maan kar tumhe talaaq de deni chahje thi”. Is this talaaq?
    Wa alaykumus Salaam
    If you understnd and comprehend then how will this be talaaq? He shows desire but doe not utter or issue the talaaq.

  163. I know I have asked these qustions before, but I have forgot password to my email account and I need badly to show these answers to others. Can you please answer my questions:

    Assalam o alaikum,

    I want to ask a small questions and hope for an answer very soon. Its urgent, so please……….

    I have been married for six months.
    In argue with my husband he has in several occasion said:
    1) One occasion; “Jao tum mere nikaah me nahi”
    2) second occasion; “Jail me ho to azzad ho jao ”
    3) Third occasion; he sent me a sms and said” me paper abbu ji ko de donga tum sign kar dena”

    4) Fourth occasion; after an argue he didnt say anything to me but called my father and said: “Aap kal apni beti ko aa kar le jaye. Me kal lawyer se baat kar loonga”. Next day he said sorry and was at normal behaviour.

    After all this occasion he has regret and said sorry. My question is am I divorced? Is this taalaq? If not, how is it not a talaaq? And may I know who is answering.
    Thanks a lot!

    Allah hafiz
    Wa alaykumus Salaam
    Your questions have been answered on the site.if you look for it in the section. you posted it you wil find it.
    for your information the statement, “One occasion; “Jao tum mere nikaah me nahi” is regarded as a talaaq as there is direct denial of nikaah which will be one talaaq raj’ee and therefore when the relationship was re established within the iddat period the nikaah will be valid but he now only posseses two talaaq options.

  164. I am Sunni (Hanafi) staying in India and my husband is Wahabi working in Saudi Arabia. My husband sent me a Talaaq-e-Baain in writing on March 3rd 2010 (which I received only when he had handed over to me on 16th October 2010) and the second divorce on May 2nd 2010 (which was never received). And within a few days of the 2nd divorce he told me that he had sent me a divorce and then he told me that I am still in his nikah as he takes me back. He also said that nikah is not dissolved as he said that he takes me back and we can reunite again as husband and wife. Then 4 months later he came back to India and we reunited. Later, I read the details about Talaaq-e-Baain and came know to that nikah is needed before reuniting again. When I told my husband about this he said according to Saudi scholars the nikah is not over and we are still husband and wife as he did not say it from his mouth. He also said written divorce is not valid as Talaaq-e-Baain, until said by the mouth and that nikah is not needed to reunite and he wants me to go back to him. I am very much worried if I have committed a sin. Please tell me is it a sin that we have reunited without nikah and also tell me on which date does the iddat period start. Please respond as soon as possible.
    Wa alaykumus Salaam

    If talaaq is given and the talaaq given is raj’ee then what he says is correct. However if the talaaq issued was ralaaq baain then nikaqh is compulsory and no return is allowed before renewal of nikaah and mehr.

    • Assalam o alaikum,

      Thank you for your response, I have some more question please help with these.

      1) I would also like to know about when my Iddat period would start, is it March 3rd 2010, May 2nd 2010 or October 16th 2010?

      2) As I have informed you that i had reunited with him please let me know what I should do about the sin I have committed (without my knowledge ) as I am repenting a lot about it. Please also let me know if in case, I get pregnant would the baby be legal or illegal.

      Please do respond as soon as possible as this is very urgent. I would really appreciate your prompt response.

      Allah Hafiz.
      Wa alaykumus Salaam
      Your iddat started when the first talaaq was issued.Since it was talaaq baa in therefore the re union is not allowed without nikah. therefore if there i desire to reconcile, nikaah will only be necessay.
      1. If you do fall pregnant the child will be legal as there was a confusion ion the matter. He will be n heir to the Fahter’s estate and also theresponsibility of the father.

      • Assalam alaikum,

        I would really appreciate if you could reply back to this query as soon as possible. It is regarding my friend.

        Her husband has given her Talaq e Baain, which means that her nikah is over.
        She also has a boy who is 4 months old. He had given her the divorce the day her son was born, now her husband does not want her or the son.

        My question is can she get married to some one else as her husband does not want her or the son at all. Her iddat period is also over. So can she get married again to Some one else??

        Please do reply back as soon as possible.
        Wa alaykumus Salam
        Since the iddat is over she may marry someone else or remarry with her ex husband/

  165. Salam-Alay-Kum,
    Sir, almost three months back when we were staying alone in Bahrian me and my wife had a big fight and that time she was in her monthly cycle same night we have beat each other and in anger she has first said Talaq to me by taking Allah as Gawah later I called her parents and inform the same but she never stopped abusing me to which I was also in anger have called my Bhabi in India and said that I take you as gawah and divorce her (thrice).
    After 3 days she went to India and since then neither me nor she is in physical relationship but we talk and since that day have not talked abt the divorce as well.
    My question to you sir is does my Talaq counts or not. as I am confused have ref to the Sahi Bukhari Sahrif and in that it is clear mentioned that under these circumstance (she in her Monthly Cycle) doesn’t count. but need more clarity on it please guide me as need to diced the further actions on these bases.
    Wa alaykumus Salaam
    I firstly ask you a question, If you shoot someon and dies will it being a mistake or done in a wrong time cause the person to come to life again??? Talaaq in haidh is makruh and if there is any talaaq option left then then person will recall his wife and divorce her in her tuhur. This command was given by Rasulullaah salakllaahu alayhi wasallam to the Sahaabah rafiyallahu anhum(muslim/bukhaari). Since you uttered the three ,although in her menses, the talaaq is valid and regarded as Talaaq bid’ee. She is now haraam upon you till she remarries and is either divorced or widowed.

  166. assalamoalaikum
    mera nikah ke 2-3 mahine baad meri ahliya ke kamare me mere walid sahab aaye aur unse kaha ki me bahut khush hu ki tum meri bahu bankar mere ghar ayi ho , aur ye kahte hue meri ahliya ko kandho se pakda . jaha se pakda waha kapda darmiyan me tha .. hamari ahliya ko ajeeb laga to unhone waalid ko dur kar diya.. niyat kya thi ye malum nahi… lekin badan dur they. ahliya ko aisa laga ki wo bosa lena chahte hain… ab me pareshan hu, meri ahliya ko bahut chahta hu , aap bataiye ki meri ahliya mujh par ab bhi jayaz he..
    aur ek sawal ye hai ki agar sasur ki niyat sahi na ho aur wo bahu ko chhue lekin darmiyan me kapda mojud ho (jaha se chhua waha kapda ho) to b kya talaq ho jati he… mere liye dua b kare
    Wa alaykumus Salaam
    Jihaan aapke ahliya apke liye abtak halaal he isliye yahaan koi aisi haarkat nahin huwi he jise insaan kehsake ke waalid ka ghalat irada tha.

  167. Assalam u alaikum ..
    Agar shohar or biwi ki larain ho aur shohar biwi se bolay Mei tumhay Talaq de daita hun biwi bolay abe den aur wo bolay abe deta hun( Matlab k jesay ham boltay haen k ye kam abe karta hun ek intention k taur pe )…tau kia divorce hojati hae … Lekin Mujhe sahe se yad nae k ye sab hua tha ya nae Lekin Mujhe khyalat atay rehtay haen Mei bht pareshan hun Agar asa hua ho tau kia divorce hojati hae
    Wa alaykumus Salaam
    Yaad rakhiye ke shak se yaqeen ka zawaal nahin hota he.Irada tu kiya lekin us irade ko amal men nahin laayaa.

  168. salaam
    i got married two weeks ago as my family wants. me and i didnt intercorse with him till now. nowadays i am in my mother home and now i dont want to live with him as i cant accept him and i have no place in my heart for him due to which i told my family that i dont want to go back to him as i cant fulfill his sexual desire but my family insist to go back. now i want that he leave me as soon as possible. i am so much disturbed as how can i handle this problem. please give some suggestion and wazifa what should i do. plz reply me soon as the satuation are too mush worst. waitg for your kind response.plz mail me the answer.
    i am a phd scholar due to this problem my university is also affected as they are not permitting me to go to university and my final exams are from first january plz do help me
    wa alaykumus Salaam
    Why look for a wazeefah when ALLAH has given us a tongue whereby we can translate our deelings? Speak directly to him and mention your wishes.

  169. salaam
    answer required urgently
    i got married two weeks ago but i didnt intercose with my husdand .now i am at my mother home and i dont to live wid my husband also i cant fulfill his sexual desire as i dont like him. i told my family but they are insisting to go back to him and i dont want as i dont like him and have no place in my heart for him due to which i cant do sex with him. plz give some suggestion and wazifa that he leave me as soon as possible,
    also i am a phd scholar and my final exams are from first januarythey are not permitting me to go to university.plz do help i am soo much worried as the situation is too much worst.
    need your kindness that ALLAH solve my problems
    Wa alaykumus Salaam
    Tell me…
    Why did you allow nikaah to take place?????
    Secondly do you expect us to do your dirty work for you to get rid of him. Should we become kaafir to have you fulfill your desires???
    What you are asking is sihr/jaadoo to be done on someone. Fear ALLAH in this matter. If you dont like him be brave enough to tell him.

    • i doesnt mean that you do kufar for me . Astaghafirullah
      i just want to know that what should i do is islam give me the rite if i dont want to live with my husband as i cant fulfill his sexual desire then what should i do? means that how can i talk to my husband .what i say to him that leave me that is divorce me or what
      ASSALAAMU ALAUKUM!!!!
      If you are unhappy then ask for divorce. Of he does not wish to give you then do khulaa by returning your mehr or any agreed ypon amount for him to issue the talaaq.

  170. respected mufti saab,
    my wife is a christian and we got married under islamic law in a court where she gave a freewill to join me but now she is asking for a khula , what i want to know is does she have the right to ask for khula or will she go for judicial sepration,and what if the judge grants her khula,where as i am not agreeing to give her khula for what i came to know is khula is the right of only muslim lady, JAZAK ALLAH
    ASSALAAMU ALAYKUM!!!!
    Sorry i am not of the opinion that an islaamic marriage can be consummated between muslim and non muslim.So i cannot comment.

  171. Father Touching & Kissing baby girl with lust and pleasure breaks marriage with girl’s mother? Baby girl is of 4 months old.
    SORRY I DONT UNDERSTAND HOW A PERSON CAN DERIVE SEXUAL AROUSEMENT AND PLEASURE BY TOUCHING A FOUR MONTH OLD CHILD. hE MUST BE SEVERELY SICK AND NEEDS TREATMENT.

  172. mera nikkah panch saak ki umer main meray walid nay ker dia tha.jub shadi ka weqt aya to main nain us lerki say shadi kernay say inkar ker dia .jub divorce ki to main lailaj bemari main phuns gia .yeh gunnah uger mera hay to mujhay apni merzi say shadi ka huq hasisil tha.uger walid ka hay to mujhay kion suza hay .100% saza talaq ki waja say hay.
    KIYA BEEMAARI SAAA HOTI HE YA GUNAH KI TALAAFI KE LIYE HE?????

  173. I would please like to ask you question regarding my situation. I have been married for 15 years and recently and have 7 children, recently my husband who has been separated from mefor the past few months divorced me over the phone saying you are talaq, this is our third divorce, at the time he uttered the words it was during my menstural period, he was not aware of this. I would like to know according to all scholars am I considered fully divorced seeings it was said during my period. If I am divorced, when does my iddah start from and for how long.
    JAZAK ALLAHU KHEIR
    Wa Sallam
    Wa alaykumus Salaam
    Although the talaaq was given in haidh and regarded as makruh but the talaaq falls and the iddat will only end when the fourth haidh ends.

  174. Assalamoalaiqum
    My wife left me with 2 kids after saying that she dose not love me anymore, because I never really cared about her feelings in past 6 years of our marrige. she only remembers my bad traetment(i accepted and asked her forgivness) even though I never sweared or hit her. She says that when she is arround me it makes her hate life, she has forgiven me but cant love me anymore? I asked her to give me 1 last chance so I can make her love me again inshaAllah. i agreed to do 2 years alim course, pay for her mufti course, give her everything she wants not ask her to cook for me, or do any household stuff. She has agreed to give me last chance and is willing to come back. But also said that I have 6 months to change her feelings towards me. At this point she asked what if my feeling does not change, will you give me divorce? I said de doon ga! I had an intention of promise.

    Will the divorce happen by itself after 6 months?
    Does my wife has a right to ask for divorce for the reasons she gives?
    Can she get a khula on her own, saying that she is not in love me anymore and does not want to live with me?

    Jazak Allah
    Wa alaykumus salaam
    Since you intend3d to give divorce after six months if there is no change then youwill have to give the divorce. It will fall by itself.however you should keep up to yourotherpromises and also be good to her. Make a lot of du’aa to ALLAH to change her heart as HE alone is in xontrol of all hearts. InshaALLAH , if you keep up your part of the agreement then she will never ask for talaaq.

  175. salaam, my ex husband divorced me 2 months ago. i found out about his girlfriend and she found out that he had a wife (me) and child. so i have a feeling she forced him to divorce me. if it is forced is the divorce valid or no? he sent it me written through the post 3 times and with witnesess
    Wa alaykumus Salaam
    Yes talaaq will fall.Talaaq takes place whether given in happiness or anger, freewill or under duress.

  176. Asalam-0-Alykum,
    I am a 24 year old female living in Vancouver, Canada. I have recently been divorced under the Canadian law after being separated from the husband for a year due to domestic violence. The divorce procedure was that I wait for a year and then apply for the divorce in which case the husband would have to be given the divorce papers saying I (the wife) is asking for a divorce and if he does not agree he can complain against it within 3 months in the court. In that case it will be settled by a judge. But if he agrees for the divorce he would not complain and divorce would be granted without anyone of us going to the court. So when the papers were served to him he did not complain against the divorce for a year so I was granted a divorce.
    After reading all the answers on this website I do understand that this divorce is not valid in Islam. I don’t know where my ex-husband is, he has changed his phone numbers and his addresses plus his family is not willing to help in this matter as well( his family is in Pakistan). When the divorce papers were supposed to be served to him, at that time too it was very difficult to contact him. After a lot of requests to his family he only gave an address of his friends business that’s where he was served with those papers. Now my question is that how am I suppose to seek khula when he is no where to be found. My understanding is that the husband has to agree in order for khula to happen, he did agree that’s why he did not complain against the divorce when I asked him for it. Plus he had not paid me the mahr amount at the time of wedding . I didn’t know that I am suppose to ask for it and neither did he mention anything. Please kindly advise me what to do in this situation? It has been a year since the divorce was granted to me by Canadian law.

    Wasalam
    Wa alaykums Salaam
    To be safe go to any aalim and ask him to see in the matter and give you a fskh (nullification of the marriage,) .Once this is done you will have to sit in iddat for three menstrual cycles and thereafter you will be released from the marriage.

  177. Salaam,

    I was wondering if someone with knowledge of fiqh here can tackle my issue.

    My husband and I were arguing one day and we were both angry and he said ‘Should I give you talaq?’…. anyway, the situation was diffused that day.

    A few months later we were both again having a row, and I was quite upset and asked him to give me Talaq. He was sitting and said 2 times ‘I give you talaq’… but he couldn’t say third time. Anyway. I’m wondering if the first time his question is to be taken as first talaq?

    Please respond soon. thank you.
    Wa alaykumus Salaam
    The first time was a question asked, not a declaration of talaaq. therefore no talaaq.

  178. asalamualakium mufit,,i am in a really bad situtuation and want khula from my husband as i have been with him for 8yrs of nikaah no relationship since that time only paper work was done at the time of nikaah i really dont want to be with him as no contact has been made during me being in nikaah from 2004 till now…i have not met him or had any huband nd wife relationship with him…now that i have spoken to him and is not agreeing to give me divorce all his life i really dont know what to do as i am willing to remarry again so please i need help my husband was sayin if you dont bring me to england till then i wont give you divorce and sorry that can never happen..
    Wa alaykumus Salaam
    Go to any of your local ulema bodies and ask them to grant you a faskh of the nikaah. If there is no contact and no maintenance provided, nor any physical contact, then they will be able to grant you faskh of the nikaah.

  179. my question is whether talaq happened if it said three times at once very quickly in anger and the person realizes it said in anger and the person has black magic done on him kindly reply me quickly.
    ASSALAAMO ALAYKOM!!!?
    It seems haste has the best of you. Talaq uttered in anger while one is in his senses takes place and is valid. Three mentioned in one sitting is also valid and accounts for three.

  180. Asalamu alaykum
    Iv recently got married,a month after we got married, my husband started drinking, neglecting his salaah, treating my kids like they were nothing,I found numerous pictures of other women on his cellphone and he requested I stop wearing hijab,we stopped sharing a bed 2weeks before I asked him to leave(he lied and said the reason he sleeps on the couch is because he fell asleep on the couch, but when I wake up for fajr in the morning, the tv has been turned off and he has a blanket and a pillow). One monday he never came home, so when he got home the tuesday night I asked him to leave. It has been two weeks and he is living the life of a nasara but delays giving me a talaq. I am also curious, a lot of people say that during my iddah it is still his duty to support me? Kanalla assist me.
    Wa alaykomos salaam

    You should try and get the local ulema involved and request their intervention. If he will be con fronted i believe the truth will come out. You may as kfor the nikah to be nullified if he is guilty of what is said. The best way is arbitration . I strongly advise you to get the ulema involved.

  181. Asalamu Alaykum Mufti two years ago i was married to a man from India.He was in SA for only 3 month reason being that he does not have a father he had to get his sister married so he left!Saying he will be back after 3 months.Things happend an he was delayed,i lost contact with him and after 8 months i went for a fasagh.I emailed him to tell him but he never responded at first. When he did respond he said he did not accept it!I thought the fasagh was an annulment of my marriage.I left it at that an he never came back to SA. In the meantime i had a relationship with another man but that never came to anything so i broke it off. I have made alot of taubah.But now my husband has been in contact with me again via emails! Am i still married to him since he never gave me Talaq! Please advise. Jazakallah

  182. AOA!!!!
    Mujha Talaq ka bra ma jnana ha….english mri itni achi na ha is wjha sa urdu ma post kr rha ho…..Mra 6 month pehla shadi hoi ha…aur 2 month ka bd bwi apna waldaan ka sath dosra mulk gy ha….us ka waldain mujha ya kha 2 mehna bd wapis a jay ge…ma na jna dya…lakin 1 mehna guzrna ka bd ma na wapsi ka pocha to wo khti ha ma ni awo ge ap yaha a jay…ma wha ni ja skta ho,,,kyu ke mri parhai cmplet ni hoi ha….is wjha sa wo kuch galat baty krna lagi to ma na apni saas sa baat ke…unho na koi sahi jwb na diya…aur ma na unha kha isa aik hafta ka andar wapis bhga wrna ya farigh ha…..mujha bht gusa a gya..kyu ka unho na 2 mehna kha tha aur ab wapis ana ka nam he ni la rahi the….aur ma na unha gusa ma ya kha aur phn bnd kr diya….phr 2 din bad dubra bat hoi unho na mujha apni mujburi baty,,,ma mann gya….phr 2 month hum ma sahi baat cheet chalti rahi…lkin abi us ke dost khti ha aik talaq ho gy ha…ma na asa koi lafz istmal he ni kiya…aur na koi asa irada tha…bs us ke bato par gusa a gya…..mujha is ka mutlaq quran ya hadees ka refrence da kr bty..ta ka ma unha bta sako asa kuch hwa ha ka ni……aur wo pregnant bi ha….

    • wa alaykomos Salaam
      dar asl talaaq do andaz ke ho .
      aik lafz e talaaq istimaal karna. Doosre koi aur lafz istimal karna aur usse talaaq murad lena. Ager niyat aapki talaaq thi tu talaaq huwi he. Haan yah aik talaq shumar hoga aur bas nikah naya zoroori hai. Ager niyaat talaaq ka na ho tu nikah barqaraar he.

  183. Asalamalaikum,

    Please i need an urgent reply from you. My husband gave me a divorce talaq e baain thinking that 3 divorces are need, not knowing the exact meaning of talaq e baain. He had copied the matter from a friend and sent it to me through email this 1st talaq and immediately before iddath period was over he told me that your still my wife and i take you back. He says that since he did not know the meaning of talaq e baain it is not considered as we being divored and as he took me back. So please tell me if my nikah with him is over or I am still his wife. This is very urgent please let me know if i m divorced or still in his nikah. I would appreciate if you would let me know as soon as possible please.

  184. اسلام و عليكم
    Sir I am in very tension coz my husband sent me sms that he is divorce me and he said 3 time in the same msg , today both of us went to dubai court he registered our file and they sent us to the conceal then that molana in the conceal room askes why u are divorcing I said he already gave me divorce by sending sms and he divorced 3 time so I think it doesn’t make sense to conceal us.
    Then he said to my ex-husband (as he gave me divorce so I have to call him ex) if u will give her 2 or 3 or 10 time divorce but we will consider this only once that why u r in conceal then he said so now she is in eddah u can ruju her by doing nikah again, I said it is not possible then he said if u will b not agree then u will be in jahannmi and in the day of judgement Allah will catch u . When he said that I got angry I said no I don’t want anything now I just want divorce paper from court .
    He gave us next appointment to see him again to make a contract bitween my ex and me
    I said I will not going to make any agreement contract he said it upto u if u will not agree tben I will send u to the judge. I said ya ok .
    Then he was trying to explain my ex in a negative way that lissen I am telling u if u will leave her then u have to pay her full amount mahar (which my ex didnt gave me in the time of marriage) plus three months eddah and u will be the one giving her divorce thats why 12 months expenses
    I said I don’t want mahar and anything he said oh ok then its up to u.
    Sir my question is that is that true that after gaving me three time divorce he cam remarry me ?
    One more thing sir we are seprated since 2 years I have son and he is living with me and my ex never ever asked me to a single pany,
    Now I wana go back to pakistan cozy mother wants me there, and since 2 years I am totaly alon here, with my son now my ex said he will take my son and my mother told me its ok give him ur son to him lets see how can he take care of him my mother is v old she wants to see me happy now since 10 years my ex was giving me tension and I didnt say a single qord now my mother want me to take divorce and get marry to another person .
    Sir my ex told me he will never give me divorcehe will alway kept me in hanging between well alist after trying so hard he gave me divorce sir my eddah was started from 1st of feb my queation is if my eddah will be finished end of april then I can marry again or I have to follow what ever judge give me divorce? Plz sir reply me I am.very upset .

    • و عليكم السلام و رحمة الله و بركاته
      In sharia 3 things that will fall even when said in jest (joke). Such is talaqs. 3 given will remain 3. You are haram on your ex until you remarry and either your new spouse passes away or give you talaq. Reconciliation is out of the question. Not in Iddah nor after Iddah. After completion f iddah you are free to marry whom you wish. He has no more say. My personal advice is take your mahr. It is your haqq granted to you by ALLAH.

  185. Assalam o Alaikum
    Mufti Saheb

    Main ne apni wife ko 10-02-2014 ko mobile pe sms kar kay 3 times yeh likh kar send kar diya.(KIYONKAY HAMARI SHAADI KO 8 SAAL HOGAYE THAY AUR AULAD BHI NAHI THI AUR HAR WAQT LARAI JHAGHRA REHTA THA HAMARE DARMIYAN.
    “BISMILLA HIR REHMANIR RAHEEM, ALLAH K NAZDEEK TALAQ NAPASANDEEDA AMAL HAI LAIKIN QURAN ES KI IJAZAT DETA HAI,TUMHARA ROZ ROZ KA LARNA JHAGARNA AB BARDASHT SE BAHAR HO GAYA HAI LIHAZA AB MERA AUR TUMHARA SAATH REHNA MUMKIN NAHI TUMHARA SAMAN AMANAT HAI JAB CHAHO UTHWALENA LIHAZA
    1) MAIN TUMHEN TALAQ DETA HOON
    2)TUMHEN TALAQ DETA HOON
    3) TALAQ DETA HOON
    ALLAH HAM PE APNA REHAM FARMAYE ”

    YEH MESSAGE MAIN NE APNI WIFE KO MOBILE PE SMS KEY ZARIYE SEND KIA,

    AB APP SE POOCHNA CHAHTA HOON KAY TALAQ HOGAYEE HAI YA NAHI KIYONKEY MAIN NE ZABAN SE TALAQ NAHIN KAHI HAI SIRF SMS KIA HAI AUR MY WIFE IDDAT MAIN BAITH GAYE HAI.
    PLS. MEHARBANI FARMAKAR JALDI JAWAB DE DAIN K TALAQ HOGAI HAI YA NAHI AUR AGAR MAIN DOOBARA RUJU KARNA CHAHOON TAU KIA TAREEQA HOGA. KIYONKAY KUCH FAMILY MUSLIM LAWYER NE KAHA HAI KAY MOBILE SMS KAY ZARIYE TALAQ NAHI HOOEE.
    JAZAK ALLAH
    S.Nadeem Akhtar
    04-03-2014

      • Jazak Allah Mufti Saheb
        aap ne jawab jaldi dia,
        ab aik aur maslay kay mutaliq batadein meharbaani hogi,
        meray aik dost k bhai ne apni biwi ko us k mun pe 3 baar talaq di
        talaq denay k baad wo bohat pachtaya (wo hanafi sunni hai), us ney Ahle Hadees sey jakar fatwa le lia aur ab wo apni biwi k saath reh raha hai barae meharbani ye batadein ke wo gunahgar horaha hai ya nahi k apny maslak ko chor kar dosray mai chala gaya,

      • wa alaykomos salaam
        The reason for iddat is to see whether the divorced is pregnant or not. The lineage of the unborn child has to be vlarified. Therefore iddat. The quraan mentions the iddat for a pregnant lady as being birth of the unborn child.(surah Talaq) If iddat for a divorcee is mentioned then definitely talaaq is permissible.

  186. ASSALAM O ALAIKUM.
    I have took Khula from my husband last month and now in iddah. i heared from somebody according to hadis in Tirmizi that iddah period of khulah is one menstrual period. is it applicable in fiqh hanafi? i am not pregnant as we were seperated 8 month ago and we had no contact except on phone which was discontinued 5 month ago. i want to ask that can i end up this period now or i have to wait for 3 months?

  187. Salam, I am a namazi muslim women. one day my husband said that Aaj main ne aap ko talaq likh de (one time), you will get papers in few days , though he didn’t write anything at all . is it count a divorse. Please guide me in light of quran and sunnah.

  188. as salam alaikum
    i’ve been as a single parent from past 8 years now i had left my husband during a very big fight that happened fights used to happen very often from the day v got engaged but still due to parents force kept my life going gave him many chances but in vain
    now my question is in these many years he hasn’t contacted me n nor taken care of my daughters my younger daughter dosen’t, know him as well few years ago he had sent a letter saying he is giving the first talaq n after which he never said anything now i dont wanna go back to him n neither can i take khulla as my family dosent want me to do so n he hasnt sent me the talaq coz he fears if i ask for alomony n so but i have no intensions as such please guide me in knowing if my talaq is done or no as im very confused ..

    • و عليكم السلام و رحمة الله و بركاته
      As he has given you one talaaq and the iddat has passed, you are no more in his nikaah. You are free to remarry anyone of your choice. If you wish to return to him then a new nikaah has to be performed with a new mehr. You are at liberty to refuse his proposal as well.

  189. Assalaam-o-Alaikum:

    Mujhe ye maloom karna hai ke agar ghussay ki haalat main shohar biwi ko 2 martaba talaq talaq bol de tu iss se kya talaq waqay ho jaye gi aur iss ke baad kya rujoo karne se woh mian biwi reh saktay hain ya unhen nikah karna parray ga kyun ke 2 martaba kaha hai. please mujhe jald jawab dijiye.

    shukria

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