Source: http://qa.muftisays.com/?8020
Question ID: #8020
 
Question: Does Nikkah need to be done again?
Last year I gave my marriage with your daughter another chance when she
agreed she would listen to me & do as I told her. She has failed to
do those things and told me herself that she only agreed so that she would be
able to come back and change my mind over time and that if she has to do what
we agreed to she doesn’t want to be in this marriage. After everything that
has happened I know there is no rehashing that can be done in this marriage
to come to a different conclusion besides ending it. The wound is to big to
be patched so the only way to fix it is to sever It’s best for both of us
to move on and go our separate ways so we don’t waste each others time and
cause each other more pain. I can have her things delivered to her or one of
your son in-laws can come pick it up.

Salam

I have a close friend who sent this message with the intention of divorcing
his wife. If they are to get back together do they need to do Nikkah?


Jazakallah
 
 
Answered by: Ulamaa ID 04 (London)
Date: 30/01/2023 00:25am

بسم الله الرحمن الرحيم

الجواب حامداومصليا


The above message won't constitute a valid divorce as it is merely a promise or a warning and promises and warnings do not effect Talaq. However, if he said "....I divorce you" instead than one Talaq would occur. So in your case Talaq has not occurred and your Nikah is still intact.

بخلافه قوله سأطلق طلاق كنم لانه استقبال فلم يكن تحقيقا بالتشكيك

(الفتاوى العالمكيرية ج.1 ص.384, كتاب الطلاق, رشيدية)

And Allah knows best

07 Rajab 1444/ 29 January 2023

Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com