Home » Hanafi Fiqh » Mahmoodiyah » Am I Divorced?

Am I Divorced?

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum

Respected Mufti Saheb

Re:  Question on Talaaq

I have been married for 14 years now.  I have had severe problems with my husband because he is a very aggressive person and he has verbally abused and traumatised me over the course of our marriage.  I left him 21 months ago and I have no intentions of returning to him.

One day he called me and he was very upset and aggressive.  He demanded to know from me what my intentions were – whether I wanted a separation or I wanted this marriage to work.  He said he wanted to know because he wanted to get on with his life.  I did not answer him.  He became angry and started swearing at me.  He then told me the following words:

  1. You stay at your parents house forever.
  2. I am coming to fetch the children.
  3. This marriage is over.

After taking the opinions of two Aalims I was told that what he said constituted one TALAAQ, i.e. Talaaq Baain.  I was told to begin my Iddat which I did.  My husband subsequently said that he was angry when he said these words and said it only to threaten me.  What is my position?

Jazakallah


Answer:

 

الجواب حامدا و مصليا

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

                  

23 August 2005

17 Rajab 1426

Read answers with similar topics: