I, my father, my wife and my father-in-law all sat together to discuss about strained behavior going on between me and my wife for the last many days, at my home on June 2, 2013. While discussing the matter, conversation between me and my wife suddenly got heated up. As a result, in anger I pronounced to her, “I did divorce you?. My father warned me, ‘This cannot be considered talaq in Islam’. I responded, ‘I have done this by heart? My father-in-law insisted, ‘This cannot t be considered talaq in Islam’. I replied, ‘Fine, if it is so, I would pronounce it second time after a month’. Since then my wife has been living with her parents. The very next day followed by this incident, realizing that I have made a terrible mistake, I approached to the persons who acted as mediators to finalize my nikah, for reconciliation between me and my wife. Now, according the mediators, my in laws along with my wife are ready for reconciliation. However, religious representatives here in my town, have declared it inappropriate according to Islam. I am writing it to you, being extremely hopeful that you guide me with the best possible solution in the light of Quran and Hadith. May Allah bless you! I would be grateful to you.

Answered according to Hanafi Fiqh by

بسم الله الرحمن الرحيم

(Fatwa: 998/D-204/File-D=1434)

(1) If you said, “I did divorce you” only once and you did not give any other talaq before or after this incident then one talaq raj’i took place on your wife. In this case you may take your wife back within iddah period i.e. if you say ‘I take her back’ thus your nikah shall remain intact and if you did not take her back and the iddah was over then too talaq bayina shall take place in which new nikah shall be necessary without halalah.
But if you pronounced the said words of talaq more than once then the ruling shall be different, explain it and submit the question again.
(2) Who are the religious responsible persons of the city? What they told, get it written by them and submit.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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