Q: A woman whose husband leaves her for 1 year 8 months with no contact and applies for a legal divorce and signs documents for separation and the magistrate dissolves their marriage in the family court. Now its 4 months from the divorce date. Can the woman make nikah again?
Q: If I tell my wife "what do you want to do regarding this marriage", whether or not she wants to stay with me or not with the intention of not transferring the right to divorce but just discussion, is it considered one divorce if she says, "I don't want to be involved in this marriage anymore" but then afterwards she says "she does but not live with my parents" but with me alone?
Q: My husband is using these word for a lot "You not my wife" and he also says "You want divorce?". I don't like him to say such words. Will I be divorced by him using such words?
Q: My question is that one of my friends had a fight with his friend and in anger he said to him that `if I ever talk to you, my coming wife will have a (kullama) divorce.' While saying this no women was in his mind, I mean whosoever he will marry she will have a kullama divorce. Now he wants to talk to that person again and wants to get married also. What is the solution?
Q: We have a situation where the father of the girl, is a Mufti. The father wanted the husband to sign a contract stating that he will guarantee that the wife/daughter will be brought back to her home/home-town on demand any time or at least once in every six months. The husband says that this new demand for a contract has no Shari basis as they have been in Nikah for a few years, and the contract of Nikah is sufficient.
Three days later, the father issues this written ruling/fatwa stating the nikah needs to be re-made. The additional contractual stipulations can then be placed as pre-conditions of the new Nikah. Now I am being accused of 'doctoring ' the question for my preferred answer. Every Mufti consulted so far has agreed, that for Talaaq Baain, the husbands intention is the main deciding factor. Considering that the husband states that he never had any intention of Talaaq whatsoever, please give the Shari ruling on the validity of both the fatwa copied here below, as well as the validity of the Nikah. Additionally, the husband also rejects that it was a majlis of matrimonial discord, instead, he says that his wife’s sister, who is married to an Arab man was badgering him, so he responded to her whilst in the presence of his wife and her mother. He does agree that he said in anger and in response to the wife’s sisters comments, "If thats the case , i'll take my daughter Mahdiyya and go, and you can find an Arab man to get married to and stay with your parents forever'
Afzal says the context of the statement was on Tuesday night when he found Aamina and Maryam speaking, Maryam said Aamina advised her that Arab men are far better, so Afzal responded, there was no intention of talaq. It was a statement made in anger for what Aamina and Maryam were saying about Arab men being better to marry. He had absolutely no intention of talaq. After this whole conversation on Tuesday night, Maryam and Afzal slept together in the same bed that night.
Q: As part of some light-heartedness my brother had the following conversation with his wife:
Him: Who do you like more? Me or your mum
Her: My Mum
They then both laughed
Him: So then go back to your mum
He says his intention was not divorce. His intention was 'go back to to your mum for love.' The statement was made in jest/as a joke.
Would this constitute divorce?
Q: Does the marriage nullify if the spouse says to someone, he/she is not married?
Q: If one says I divorce my wife when I get married to her. Will they get divorced? If this is said in ones mind or where no human heard it, will it take effect?
Q: My wife habitually tells me you must be doing something wrong, when I follow instructions and they do not work. Today I lost my temper and said to her as follows:
The intention of divorce was in my mind at the time as I was so angry. Would this constitute divorce? At this moment in time, whilst typing this, I am still so angry that I am thinking I don't care if it constitutes divorce. I want it to constitute divorce. I may have made other statements alluding to divorce but can't recall what they are. They would have been similar to the aforementioned statements. Should I find out from my wife what I said?
Q: If a man has an intention of divorcing his wife but does not say anything aloud (he said talaaq in his mind), is the nikkah still valid?