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Husband intending to give Talaq to his wife

Answered as per Hanafi Fiqh by DarulIftaBirmingham

I had some quarrel with my wife and all me, my wife and my mother are not staying in same place. My wife is at my in-laws place after her maternity. I told my mother that I wish to give talaq to my wife but I never conveyed this to my wife. I’m not sure how many times I told my mother about this. Is my nikah valid? 

P.S. I never told my wife that I want to give u talaq.


 Answer:

The Islamic ruling regarding talaq being uttered in the future tense is that talaq does not occur. They are merely a promise or a warning and promises and warnings do not effect talaq. (Badaaius Sanaai p.210 v.2)

Regarding your question, wishing or intending to give talaq is not actually giving talaq, therefore, in such a situation talaq would not occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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