Q: Please advise if this statement constitutes a talaaq? This email was sent to me by my husband.
“I am just contemplating whether to give all three talaaqs at once and get done or do it in stages but the point is the same I think all three and its done and dusted”
Q: With regards to matter in reference we request your expert advice. Sister Aliya approached our offices on 24 June 2011 with her marital problem. She is married to her husband Malcolm Naidoo for five almost 5 years after he reverted to Islam. Since she married him she has numerous complaints about him not maintaining her or fulfilling her marital rights. The relationship has broken down and they are separated. She claims he is not a practising Muslim, cannot read the kalimah and does not perform Jumuah salaah. She is requesting her Talaaq.
We invited him to our offices the same day and he agreed to come but did not turn up for the appointment. Upon calling him he advised that he is not prepared to accede to her request as he does not want to shoulder the burden of doing wrong by divorcing. He maintains he is a Muslim although when questioned about salaah and other basics he was ignorant.
The sister has advised that on several occasions when in conversation with her husband requesting him for a divorce he told her “you are free” and “do what you want”. One such occasion was on Friday 24/6/2011 at our offices. She has submitted a document under oath confirming this. He is not prepared to come to our offices to take an oath to deny the wife’s claim. Please advise on the status of the Nikah.
Q: A husband and wife have been having numerous arguments. During the course of these arguments, the husband has, on many occasions, told the wife “ if you want to leave, pack your things and go”. Does this nullify the nikah?
Q: I am actually taking a fiqh course on marriage and divorce but I still don't understand the concepts and I would like to get a second opinion on a question where there is a difference of opinion. If a person uses metaphors of divorce statements with the intention of "wanting to divorce" in the future tense but not to issue a divorce on the spot, are these statements considered in hanafi madhab? My understanding is that they will not count because divorce was not issued on the spot but I read somewhere that it does. Can I please get a second opinion?
Q: If a husband says to his wife, "You are no longer my wife." does Talaaq take place?
Q: If a husband out of anger says he does not want you anymore, does this mean talaaq. If it is, what should be done?
Q: If a man tells his wife Allah haafiz intending divorce will it fall.
Q: Every time I have an argument with my wife I get frustrated and I ask her “what do you want to do now” because I want to know what is the next step in fixing our situation. Does this count? If I tell my wife in anger “I will divorce” and in frustration I say “You know in English it counts if I say it” but I never attributed divorce to her, I was frustrated with the whole argument and got carried away. If I start learning fiqh and I tell my wife “she is saying we are divorced”, will this count because I did not want to issue it, I thought we were and later on I found out we were not. In the same week I was frustrated and stressed out that I said in anger, until we find out about our situation we have to sleep in different rooms because it is harem for us but I did not say you are harem for me, I wanted to be on safe side, which is why I said it. Will this count? If I blame her for making me say such implicit statements in the past in anger but I had no intention of divorcing her, does this count? Finally, if I tell my wife, that you are not considered to be a wife because you don’t clearly listen to what I am saying, does this count because, once again, my intention was not to divorce her but to degrade her for not paying attention to what I’m saying. Nonetheless, if husband says to his wife that “You are not my wife”, is intention required? Also, if I tell my wife I will not be involved in this marriage anymore because I am getting hopeless in waiting for better times, does this count and at the same time I say that child in your stomach is not mine but my intention was not to deny the fact that I had intercourse with her and a child came about, does this count? Waswasa- If a person is affected with waswasa and has problems remembering his intention, are his statements considered? Nikah- Can I re-perform nikah with my wife with certain conditions, such as witnesses must be required for divorce to take place and simply uttering an explicit and implicit statement without without witnesses is void? Also, can I also state in my nikah that a court ruling must be required to judge the case?