Question:
RESPECTED MUFTI SAHEB ASSALAMUALAIKUM PLEASE ANSWER THE FOLLOWING JAZAKALLAH.Q1-A PERSON SAID TO HIS WIFE IN ANGER GO TO YOUR PARENTS HOUSE PERMANENTLY AND IF YOU FEEL LIKE IT THEN COME BACK, IS THE NIKAAH VALID? WASSALAAM
Answer:
The words that were used are known as Kinaayah words (ambiguous).
In this case the Talaaq (divorce) will be pending on the intention of the husband. If he intended Talaaq by uttering these words, then one Talaaq-e-Baa’in (irrevocable Talaaq) will fall. The Nikaah will terminate and he will have to renew his Nikaah after the wife’s Iddah (passing of three menstrual cycles) is complete. This is if he wishes to take her back. If he did not intend Talaaq, then the Nikaah will remain valid. (Fataawaa Mahmoodiyah, Vol. 10, Page 440)
And Allah Ta’ala knows best,
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
08 January 2004
15 Thil Qa’dah 1424