Talaaq

Does divorce take place by the husband joking that he did not accept at the time of nikaah?

Q:

1. At the time of nikaah the husband said qubool and the witnesses heard it. Few years later, the wife asked her husband if he said qubool in the nikaah? The husband said "no". He said “no” jokingly and had no intention of divorce. Is there any problem?

2. If a divorce thought comes in the mind when touching a kinaya word of divorce, is there any problem? The husband did not utter the word, he just touched the word with his finger. 

Divorce letter not reaching the wife

Q: I wrote a divorce letter to my wife and signed it in the presence of a qazi and two persons. The qazi was about to send the letter within the next 3 days. I did it because she was caught red handed talking closely to a stranger over the phone. She was pregnant at that moment.

After two days, I thought I will give her one more chance to correct herself and stopped the letter and the letter was destroyed. I also informed the two persons that were present when I signed the letter and I started living with her. She gave birth to a baby girl one month ago.

I thought it was necessary to deliver the letter to her for the divorce to be effective. She still does not know about the letter.

Recently I asked an Imaam about it and he said that the divorce has occured even though my wife was not present and the evidence was destroyed.

My question is, is my marriage still valid? 

Custody of child if the mother remarries

Q: Please advise how a young widow with an infant child will cope with the following situation:

Her society and customs and practices require that if she marries anyone, her infant child will be taken away by her in-laws. Her father will not approve of any marriage, even if it is with a Muslim, if he is not from the same country as her, even if the man agrees to keep the child with his mother whom he will marry. The infant will be deprived of his mother’s love if she marries any man of her family’s choice. Staying single means she runs the risk of committing sin (maybe zina) which she does not want. In this situation, as she is an adult widow and not a virgin and has physical needs, can she not undertake a secret marriage?

Wife not sure if husband divorced her

Q: If a husband denies and is ready to give oath about not divorcing his wife but the wife thinks that he has divorced her over the phone. She is confused as her husband is giving an oath and she too was very angry when she asked for divorce so she isn’t sure whether he said it or maybe she heard it wrong. Who should be believed, the husband or the wife?

Husband attributing divorce to a future date

Q: Me and my husband had an argument and then I came to my parents house. I was pregnant at that time. My husband, just to threaten me so that I would come back home sent me a message saying "divorce Septmeber, 2017". He wanted to tell me that he will give me a divorce in September but he did this just to make me upset and did not intend as such. The very next month, in April, he came to me and we had a relation and apologized for what he did. He said that he just did it to threaten me so that I would come back. We want to know if it will be counted as divorce?