Those situations where Talaaq does not take place

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.

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:

1. Don't insult me ok
2. You talk to me like I am thick
3. It gets bloody annoying
4. You do it all the time, talk to me like I am idiot
5. I can read, I am not thick.  You talk to me like I am thick
6. I know how to follow bloody instructions.
7. I am fed up of you

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?

Q: I have a Brother-in law who is Bi-polar (Mental sickness), He had a re-lapse, whereby he became sick again about a week ago. He is married & has one child. However when he had the re-lapse he pronounced 3 talaaqs to his wife, thereafter he was hospitalised for a week & is now back at home. Is his pronunciation of the 3 talaaqs valid?

Q: Does tearing marriage photos count as a divorce? For example, if a husband tears up a marriage photo after a dispute with his wife in the past but does not remember why the photo was ripped in the first place, does this lead to anything?

Q: I know a woman who have married with a man who already married two women and he didn't tell the truth, after some time this man beat his wife and treated her badly, at last he decided to kill her. When this woman sensed it she left her husband with out telling him to germany. After 3 years this woman married another boy but her ex-husband didn't give divorce and the wife also didn't take khula. During the 3 years the ex-husband didn't give nafaqah and didn't even search for her. Now is the second nikaah valid for this woman.

Note: The ex-husband by his wish did an operation not to have children and her ex-husband was not ready to talk and was just by name Muslim. This women told him so many times to leave her and she doesn't want anything from him but the husband said that I will take you to my brothers home and will leave you there for ever.

Q: I was like kind of attracted to my sister in law. About a year back my wife and I where having an argument. She was telling me that she does not like me talking to her sister and that I'm always talking to her sister etc. I always like had the thought that the rule regarding where a man touches his mother inlaw with lust nikah breaks may also apply to the sister in law also. I also had doubts as to weather rule may apply to the sister in law. I was not completely sure. Anyway, during that argument I told my wife "you know if I even touch her (my wifes sister) nikah breaks" with no intention of any talaq at all. I wasn't suspending or issuing a talaq I wasn't even thinking about talaq. I just told her that for it to seem as though that is the islamic ruling. I just guessed/made up/ lied for it to seem that that is the islamic ruling and for her not to worry and to give assurance. I had absolutely no intention of any talaq, the only intention I may have had was not to touch my sister in law because its a sin. After couple of months I touched my sister in law with lust then after a few months I may have touched her with lust again. Some muftis told me that no talaq takes place because I had no intention. Another told me that no talaq takes place because that's a completely wrong statement and the statement won't take effect coz that's not the masla etc. Another told me it like falls under explaining a masla. My question is (1) is there any suspended talaq in this situation? If yes how many talaqs take place?  Am I safe and do I have anything to worry about?