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Suspended talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Due to a conflict between my in-laws and me, I left my wife at her parents home with the condition to solve this prolonged issue within 10 (ten) days. I said to her to tell her parents that if this issue is not sorted out by her parents withen 10 days then you (she) must stay at your (her) parents home. I will not be responsible for you and your future. After this period all efforts from your parents side will be useless. They did not contact me at that time, and now they approached me after three months. Can we continue our marital life now or is the separation done?

Bismillaah

A: If you had intended a divorce at the time you had laid down the condition then the breech of this condition will amount to one talaaq baain. Hence if you need to reconcile you will have to renew the nikaah.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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