Those situations where Talaaq does not take place

Writing a letter to the government stating that one is unmarried

Q: I am living abroad, when I came here I wrote in the papers that I am married in Pakistan and wrote my wife's name also. But now as I am living abroad, I also got married here as well. The trouble arises when I need to apply for citizenship for this country. The trouble is this I need to tell them that my previous marriage is no longer valid. In fact I don't want to break my first marriage. Can I write to them that I am no longer in the first marriage, or if I mention my first wife's name but wrong fathers name so that even though I am doing a bad thing lying but I want to save my first marriage. This foreign country just has her name in the records, no picture no other details.

Women applying for divorce

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?

Husband asking the wife "What do you want to do regarding this marriage?"

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?

If I ever speak to you, my coming wife will be divorced

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?  

Husband saying "Go and stay with your parents forever"

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.

  1. Please, we request a urgent response based on the written fatwa.
  2. We request a Shari Ruling on the validity of the fatwa, considering the husband states that no intention of Talaaq existed.
  3. We request a Shari ruling on the validity of the Nikah.
  4. We Request a Shari ruling on the wife listening to her mothers demands to disobey the husband and prohibiting her from returning to her marital home, which was the actual catalyst of the entire problem.
  5. We request a Shari ruling on the wife remaining in her parents home against the wishes of her husband.

Does the following constitute talaaq?

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?