Q: My wife and I have a problem. I was arrested as my tenant was dealing in drugs, when the cops came to my place they found a dagga plant on my property and arrested me as well. This happened while my wife was in durban. While I was kept in a holding cell I made contact with a friend who came to my assistance. She when home and secured my house and came back to the station with my ID and proof of residence. This lady lives in durban and was on her way to the airport when i called her. She had checked out from her accommodation and missed her flight. She then stayed at my house for 1 night while I was locked away. On 4 Jan I was released. My wife returned to JHB on 5 Jan. i was not given a chance to explain what happened. her parents took her away and said we are separated. On 9 Jan my wife said that she is coming home, however they came with cops to take all her belongings away. I was upset and under high amounts of stress as they took both cars and left me stranded. In the days to follow my wife and i where messaging each other via watsapp. She then made statements that i was a fraudster, drug dealer, that i cheated on her which is not true. This enraged me as i could not believe what was happening, so over watsapp i told her that if thats the person i think i am then theres the first Talaaq (i also spelt it talaat) Since then her parents consulted a maulana and now i get news that we are divorced. I never spoke to any maulana and was not even given a chance to explain anything. I love my wife and I have done everything i could for her. I know that she is hurt due to the events that took place on 2 Jan The tenant got arrested again and i got word from the arrested officer that he will not get bail as he got arrested while he was on bail. I had to appear in court yesterday for my charge. My case was dropped as I called the cops on my tenant. What do I do as I dont believe we are divorced. I love my wife and do not want a divorce.
A: Since you have issued the first divorce the divorce is valid.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)