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Do my nikah is still valid in such the following situation -2) husband said several times to the wife that there is nothing left between them & that everything is over.

Answered as per Hanafi Fiqh by Askimam.org

Assalamoualaikoum. I would be grateful if you could give me some clarification of whether the Nikah of a woman is still valid in a situation where:- 1) The wife left the house of her husband after a dispute 2) The husband said several times to the wife that there is nothing left between them & that everything is over. 3) They remained seperated without any communication whatever so for one whole year. 4) The wife maintains that she will not return to her husband anymore but the husband is not doing anything although the wife asked him several times.. 5) The local Muslim Family council member said the nikah is over but oly verbally & the wife do not have any paper whateverso to prove that the nikah is over as the mufti said he cannot sign any paper stating this. Can the woman consider harself out of the bond of marriage in such a situation?

Answer

The husband’s statement to his wife, ?there is nothing left, everything is over? are ambiguous words (Kinaayah).

Those words will constitute Talaaq-e-Baain (irrevocable divorce) only if the husband has intended divorce with such words. If he did not intend divorce, then such words will not constitute Talaaq. In such a situation, the Nikah will be intact and the wife cannot consider herself out of the Nikah bond.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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