Husband telling the wife "we should separate"

Submitted by admin on Wed, 2014-03-19 08:09

Q: Could you please give clarity on the issue of talaaq. If I have said to my wife that we should separate and subsequent to that we are both in agreement that our marriage is over. Will this be considered a talaq? Secondly, if i have uttered the words, I hereby give you a talaq and she records it on her cellphone, when nobody else is around, will that stand as a valid talaq? Lastly, if I have said the words and the same night my wife states that she has started spotting (starting menstruating), does it make the talaq invalid or is it simply a case of the Iddah period being moved till after spotting ends?

A:

Just by saying "we should separate" and not intending talaaq, talaaq will not take place.
Yes.
The talaaq is valid and the iddat has commenced.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

Category:

Talaaq›Those situations where Talaaq does not take place

Disclaimer: The answer hereby given is specifically based on the question asked and should be read together with the question asked. Muftionline.co.za bears no responsibility to any party who may or may not act on this answer. Muftionline.co.za being hereby exempted from loss or damage whatsoever caused. Should the question refer to a matter in dispute between two parties, this answer may not be used in the dispute in question by either party unless the question was jointly submitted by both parties with an acknowledgement by both parties that the question was correct and accurate. This answer may not be used as evidence in any court of Law without prior written consent from Muftionline.co.za.

This is the standard version of the site.