Question:
Kindly advise on the following situation ?
A woman’s husbands calls her while he is very upset and aggressive. He asks the wife what are her intentions – whether she wanted a separation or whether she wanted this marriage to end. He said he wanted to know because he wanted to go on with his life. The wife did not answer him.
He then got angry and started swearing at her. At this moment he mentioned the following words:
You stay at your parents house for ever.
This marriage is over.
Kindly comment on the above situation.
If the husband did not intend Talaaq with his statement has Talaaq occurred?
Can the above situation be defined as a discussion of Talaaq?
What is the status of the Nikah in the above scenario?
Your good response is appreciated
Answer:
In this case your husband has made two such statements which are metonymically used for Talaaq i.e. “You stay at your parent’s house forever.” “This marriage is over.” Prior to making these statements he uttered words which denote that he wished to give Talaaq, such as “separation” “this marriage to end” “to go on with his life”, and it seems as if the wife did not ask for Talaaq, rather it is the husband who facilitated the intention of Talaaq by making those statements.
Therefore, in light of the above two irrevocable Talaaqs have occurred. If he wishes to marry you he may do so by performing Nikah, but will only possess one Talaaq after marriage.
(Ahsanul Fataawaa, Vol. 5, Page 143, 192, Fataawaa Haqqaniyyah, Vol. 4, Page 475, 587, Ad-Durrul Mukhtaar, Vol. 2 Page 504)
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
12 May 2005
03 Rabee’uth Thaani 1426