Talaaq

Does nikaah break through separation

Q: Is the nikaah over if a husband and a wife are separated for 2 years? One of my Muslim sisters has been married for 3 years. She hated him because when she got pregnant he told her to do abortion just four months after the marriage and he left her until she delivered the baby then he was back to her and after she forgave him they were staying in separate homes while she was taking care of her sick mom. He did zina with another woman and after two months they were back together again. Then he told her about what he did and since then she never consider him as her husband and she asked him for divorce but he never granted her divorce. He said to her since I did this mistake you can do whatever you want and I will be ready to accept you then we will be equal and she hated him even more. After one year she travelled to another country and she liked a guy which she wants to marry but she is confused if her nikaah is over or cancelled since it's been almost two years now that they are not living together and she doesn't want him but he is refusing to give her talaaq.

Divorce is not subject to the wife's consent

Q: My question is my husband put adultery charge on me. My uncle said that your husband put adultery charge on you so i though that you don't want to live with him that's why I gave your husband mutual divorce agreement. But my uncle didn't tel me before divorce. My husband prepared the divorce agreement and didn't even inform me or didn't even take my permission. Is the talaaq valid?

UAE court annulling the nikaah

Q: My wife went to UAE by telling me that she needs to deliver some papers to her relative and within 1 month or 45 days she will return back, but four months passed and she didn't return. So I went to bring her back, she refused to return to India. Now since 2009 October/November till today she is not willing to return India even though we both are Indians and she use to insist on me that we will live in UAE only. But she don't want to understand the difference between local and outsider. In 27 December 2014 she told me she needs divorce because she don't want to go to India and after one day 28 December she used very filthy language to me and even she said if I am the son of my father, then I must hit her. As a result I slapped he once. Suddenly she called the police. I found it was already planned as her mother and sister also live with us. She filed in mahkuma Sharaya, alain. They asked me, I said  I slapped her because she used filthy language and also spit on me and put scratches on my neck. The reports were there with the police, but to my surprise the judge gave her talaq instead of me. I never gave her talaaq. Now what is the state of my married life? Is it correct that a judge can give talaaq in the presence of her husband? Kindly reply me according to Ahaadith and Sunnah.

Talaaq in the state of anger

Q: During a fierce argument with my wife, in the condition of extreme anger, I told her that I give you talaaq for one time. Later after about two months, again during extreme anger and in a hot argument I pronounced the word talaaq again two times. During both events, it was only me a my wife and no witness was there. Please advise if talaaq has happened.