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marriage/talaaq

Last updated: 21st January 2007
Question ID: #3615
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Dear respected sheikh,

unfortunatly my marriage broke down in April 2006 as my husband followed many practices which are unislamic and he also told many lies at the time of nikkah so that my Father would marry me to him. After trying very hard to try and get on with him, i thought it best to seperate from him as it was getting to the point where he was influencing my imaan and made it very difficult for me to practice my religion.

He refused to give me talaaq at that time, however he has now made contact with me via email and has said that "If you wish to remarry you may do so with my permission. But i will still not give you talaq" Is this not talaaq in itself, as he has obviosly freed me off being his wife or else how can i marry another man?

Please can you clarrify this for me as i am very confused, if you would like a copy of the email, i can send it to you however it is written in urdu.



In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

The words of your husband, '"If you wish to remarry you may do so with my permission. But i will
still not give you talaq" are Kinayah (considered vague in Talaaq) and therefore require an intention of
divorce which is clearly not found.


Try to end the deadlock utilising the assistance of 3rd parties from your side and his side, if at all possible. An acrimonious husband who hold his wife in marriage limbo however, where she cannot get married, nor is there any chance of getting back together is severely sinful and unfair.

Sister, you may contact a shariah Marriage Council, who can dissolve the marriage following through set procedures. You may contact Hazrat Maulana Yaqub Qaawee of Dewsbury, Saville Town 01924 464523.

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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Mufti
Answer last updated on:
26th January 2007
Answered by:
Ulamaa ID 03
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Location: UK