I would like to know if this is a divorce. My wife has been giving me problems and I am really hurt. So I took her to her mums as my family didnt want her in the house anymore. I told all my family including my uncles and aunties that this is not going to work and the marriage is finished because I cant trust her (I was really hurt and upset) I also told them I cant dee a future with her and I want a wife who will take care of me. I also told my wife that our relationship is not going to work and we should move on. When she asked me to end it I said to her another time not now. Since then she has calmed down and wants to change her ways. I want to know if the talaq was valid, we have been separate for 1 and a half months.
I also want to ask if I need any witnesses to take her back in my wifes absence and how much time do I have left.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Your statement to your uncles and aunties that the marriage is finished seems to be in the context of merely informing them of your failure of the marriage and not to issue your wife a divorce. Accordingly, and if your intention was not to clearly issue a divorce, the marriage remains intact. Your intention of no divorce is further understood from the fact that when your wife asked you to divorce her, you said “another time not now.” [i]
It is encouraged to note your wife has calmed down and changed her ways. Be patient and give her a chance to make the marriage successful. Your patience will yield you wholesome and sweet fruits Insha’Allah.
And Allah Ta’āla Knows Best
Sohail ibn Arif,
Student Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
لا يقع بها الطلاق إلا بالنية أو بدلالة حال كذا في الجوهرة النيرة [i]
الفتاوى الهندية، ١/ ٣٧٤