Answered by: Maulana Nazrul Islam
I am writing in hope that you may help me with a bit of a confusing issue regarding the status of my marriage.
Here is a brief timeline of what has occurred so far:
18th March 2021
Spouse decided he will leave and we will separate and get divorced. He stopped all marital responsibility from this day- evidence is in: texts and recent verbal confirmation from himself
14th April 2021
He moves out
17th May 2021
Communication (regarding property finance/belongings) fully stopped.
He sleeps/has intimacy with someone he knew before he met me
23rd of November 2021
He tries to contact me after 8 months from separation etc
My issue is if in March 2021 he separated from me, stopped his role and duties as a husband, and moves out shortly after, WITH intention of divorce but then changes his mind (after 8 months) well after iddah period or 3/4 months have passed and finished- has 1 divorce already taken place and has our marriage terminated? If so, does he have to do a nikkah with me if he wishes to take me back now.? I have found information from ‘islamqa.org’ and ‘islamqa.info/en’ which shows that we have to do nikah again if he wants me back.
In the name of Allah, the Most Gracious, the Most Merciful
If the words divorce are used for the future tense, it will not occur until he says words such as, “you are divorced tomorrow or in the next month” because divorce takes place with precise wordings at a certain time without times, so if tomorrow is made a circumstance for it, it does not happen before it. (1)
Separating with the intention of divorce does not invalidate the marriage.
Similarly, falling into other sins such as drinking or unlawful sexual intercourse etc. doesn’t constitute a divorce either.
From the situation mentioned above, you are still married to him and divorce did not take place.
Only Allah knows best.
Written by Maulana Nazrul Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
(1)وإنْ كانَ مُسْتَقْبَلًا لا يَقَعُ حَتّى يَأْتِيَ بِأنْ قالَ أنْتِ طالِقٌ فِي غَدٍ أوْ فِي الشَّهْرِ الآتِي لِأنَّ الطَّلاقَ يَحْتَمِلُ الِاخْتِصاصَ بِوَقْتٍ دُونَ وقْتٍ فَإذا جُعِلَ الغَدُ ظَرْفًا لَهُ لا يَقَعُ قَبْلَهُ
بدائع الصنائع ج٣ ص٢٥ دار الكتب العلمية