| Source: | http://qa.muftisays.com/?4291 |
| Question ID: | #4291 |
| Question: Divorce confusion | |
| A couple years ago me and my husband had an argument over something and in anger he said to me in text message ‘Dont worry you are free from now on.. I will divorce you’. At the time i was very tense and upset and I didn’t think anything of this message I ignored it and told him do whatever you want. He told me to leave the house and I didn’t and then the next morning again he said to me before going work that if i come back from work and you are here i will divorce you and throw you outside the house so I got scared and left his house because I didn’t want the divorce to happen. He actually had planned to create an argument between us just so he can kick me out the house and then blame me.
At this time we had been married only for two months nikah happened 8 months before and it had been two months since the rukhsati. We never consumated the marriage and had no husband wife relationship. After I left his house I forgot about the messages and it has been 4 years since. In these 4 years we had no contact with eachother. A couple of days ago i saw the messages in my phone and I have been in doubt whether the divorce happened 4 years ago or not. Someone told me that if the husband says some words like these in anger and he means talaq the talaq happens coz these are kinaya words. I messaged him to ask him what he means and he replied it is obvious what i means by the message so my question is 1. Has our nikah broken or will it break if he accepts he intended divorce by these words 2. Will i have to do iddat if our nikah was to break or if if he was to give divorce now will I have to do iddat. 3. Will i get the mahr money. Also I wanted to ask if i was to file for a divorce through the court or seperation will that be counted as divorce. |
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| Answered by: | Ulamaa ID 04 (London) |
| Date: | 16/01/2020 23:49pm |
بسم الله الرحمن الرحيم الجواب حامداومصليا 'Don't worry you are free from now on...I will divorce you. The key word here is 'I will'. This denotes future tense. The Islamic ruling regarding Talaq being uttered in the future tense is that Talaq does not occur They are merely a promise or a warning and promises and warning do not effect Talaq. However, if he said '....I divorce you' instead then one Talaq would occur. So in your case Talaq has not occurred and your Nikah is still intact. If a wife files for a divorce, and the husband understanding the contents of the divorce papers sent to him and he signs and gives his clear consent for the divorce to go ahead. Then this will constitute an Islamic divorce. However, if the husband does not sign on any written document or he fails to give his clear consent for the court to go ahead with the divorce, but the court divorces him on behalf of his wife against his will, then this does not constitute a valid Islamic divorce. بخلافه قوله سأطلق طلاق كنم لانه استقبال فلم يكن تحقيقا بالتشكيك (الفتاوى العالمكيرية ج.1 ص.384, كتاب الطلاق, رشيدية) كذالك كل كتاب لم يكتبه بخطه ولم يمله بنفسه لايقع به الطلاق اذالم يقر انه كتابه (الدرالمختارمع ردالمحتار ج.3 ص.247, مطلب في الطلاق بالكتابة ,سعيد)
20 ٍJumadul Ula 1441/ 16 January 2020 |
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| Mufti Qamruzzaman London, UK |
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