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Suspended talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I had an argument with me wife and stopped her from going to my sisters place. I warned her that if she does the same thing again, our relationship will be over. However, later I calmed down and forgot the matter. After some time my wife went to my sisters place and I am fine with that. My question is, does her activity invalidate our marriage?

Bismillaah

A: If you intended a divorce by saying “if you go again to my sister’s house, our relationship will be over” then since you suspended the divorce on her going to your sisters house in the future, the talaaq e raj’ee ( revocable talaaq) had taken place when she went to your sisters house. If this is the first or second talaaq , then through you revoking the talaaq during the iddat period she will remain in your nikaah. If you do not revoke the talaaq and the iddat period terminates, through the termination of the iddat she will be out of your nikaah and it will no longer be possible for you to take her back into your nikaah. However, if you both wish to reunite, a new nikaah will have to be performed with a separate mahr.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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