Q: In reference to the context of ending the marriage, my husband said to me these words, “I am ending it now. I will send you legal papers each month (3 months), give you dower money and Rs. 10000 each month for my son. Only thing between you and me is our son if you allow. You have your life independent in every way. Send me your address, if you will not send me address then I will get it my self”. Now he says that I said these words and said I will send you divorce but I did not act upon accordingly. Can you please guide me whether these words count towards my divorce by my husband or not. I am much confused as the words show his intention to send me divorce.
A: Through him uttering the words “I am ending it now”, one talaaq-e-baain had taken place. The words he had uttered indicate towards the present tense. Hence, his mentioning that he did not intend talaaq contradicts the apparent meaning of his statement and therefore will not be accepted. Further, the proof of him intending talaaq through this statement is that he mentioned that he will give you your dower money and Rs10000 each month for his son as maintenance. This happens after talaaq.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)