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Status of Talaq-E-Kinaya and Eila in a situation where a couple separated and reconciled but separated again.

Assalam-o-alaikum I am Married, 1st time me & my wife separated & compromise by both Jamat after telling that forgive her give a chance that times separated 6 months. Again she left the house for 20 months in this period both Jamat & her family played Politics & games with my life & they caught in my hand. We are in contact with our local Jamat for 8 months & submitted a letter to them. Instead of coming to Jamat all Jamat & her family Palanned to go Mahila Police because whatever they played game it comes infront of all people it will be shame for both Jamat & her family. Before police comming to me they informed police don’t FIR the case just compromise. Police came to my office I was not in office then they took my mother & Bhabhi. Then we called our Jamat they told this case not with us. These are liar they don’t have Imaan. They cheated 1st time in masjid. Now 2nd time through police. Where is the true muslim. While judgment in hubli they will not site with Aalim or Mufti only Members of the Jamat will do judgement. They kill poor People & support only those who are strong in money & contact with politicians. When she was with me after 1st compromise I believe that Tallaq-E-Kinaya happend with me. In one argument she told me don’t touch me, don’t talk me don’t see me etc. that time I told her every thing is over nothing remaining between us. I will not accept you as my wife, go out, no relation between us, you are free from my life, if your family will not take you back u can stay rizq will from Allah. One Mufti told me about Eila this also happens with me. I took a Oath not have intercourse with her when she separated for 20 months. Took oath after 4 months for 4 months. Now wife with me I beleive that I?m doing Zinah. I read in news that if both Jamat not given judgement then police will accept the case. After receiving letter from jamat. in my case they are pre-planned. They informed Police just compromise by forcing me. Some are the signs before qayamat with me 1) False that also in masjid by members of jamat 2) No proper judgment 3) People will not fallow Sariah& Sunnah We are Indians not saw Islam just after hearing accepted Islam, whatever happens with after that my Imaan also stands on one leg Kindly guide me & in what stage am standing now about Tallaq-E-Kinaya & Eila.

Answer:

(Fatwa: 1178/140=L/1429)

When for the first time, both of you started living together after negotiation and reconciliation, and you uttered these words in any discussion: “There is no relation between us, there is nothing remaining between us.” If you had meant by these words giving divorce, then your wife was divorced with talaq baain. And when you said: “You are free from my life” then second divorce took place by this. Thus, they became tow irrevocable divorces (baain). Thereafter, if you had done Eila (swearing to abstain form wife) it will not be valid; since she was no longer your wife, it is necessary for Eila to take effect that the woman is in ones nikah.

So, in the question mentioned above, if you had given no other divorce before or after or within the iddah period except the two mentioned above, then you can marry her again, but if you had given her any other divorce also, then you should write the question again.

It is to be noted that it is unlawful for you to live with her after the divorce takes place, she will be stranger and unlawful for you and it will be adultery if you copulate with her.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Original Source Link

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

Tags: Adultery, Argument, Divorce, four months, Iddah, JAMAAT

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