Talaaq

Kinaayah talaaq

Q: My question is regarding talaq-e-kinaayah.

1) Husband and wife separated after living together for 3 and a half months, based on the marriage not being consummated. Wife went back to her parents’ home situated in another country to which the husband had no objection, infact encouraged some time apart. A month after the separation there was a heated argument between the husband and the wife’s family, which ended with the husband messaging the wife “I have nothing to say to you anymore, may Allah show the one who has wronged”. (It is also noteworthy that a week prior to this, the wife had asked the husband if he wished to continue with the marriage and his response was silence) Two weeks after the argument, the husband’s father openly admitted to the wife’s father and their common relatives on several occasions that the husband did not intend to carry on with the marriage and wants to give talaq. Upon being asked to give talaq, he said he wants the wife to ask for talaq and will divorce at a later stage. Later that evening, over the final whatsapp conversation between the husband and wife, the husband told the wife “take care and bye forever, I wish I never see you again….” And “…we will soon be na mahrams” After this encounter, the husband has blocked all contact with the wife and has had no contact ever since. The husband contacted the Home Office UK and informed them that the marriage was no longer subsisting with no intention of living together as spouses. Based on this, the wife’s spousal visa was cancelled and a notice was sent to the wife by the Home Office. The husband’s family asked for the gold back which was given to the wife as a gift. On one hand they claim that since the marriage no longer exists, they have a right to receive the gold back. On the other hand, they claim that talaq has not gone through as it was not explicitly given by the husband. Kindly clarify if marriage is over based on the kinaya words said and no intention of continuing with marriage.

2) If yes, Is this considered Talaq-e-bain or raji’?

3) Will wife’s Iddah begin from the time the kinaya words were uttered by the husband or from the time the wife found out she was divorced, and what to do in such a situation regarding the iddah term?

Halaala

Q: Mera sawal yeh hai ki mere saale ne apni biwi ko 8 mahine pahle 3 talaaq de di thi phir ek maulana sb ne kaha ki 3 tallaq 1 hui tum ruzu kar sakte ho usne talaaq ke 1 hafte baad ruzu kar liya ab usse 8 mahine baad pata chala ki yeh galat tha ab uski biwi halala nikah karna chahti hai to kya ab nikah se pahle usse iddat guzarni hogi jabki talaaq 8 mahine pahle hi ho gayi thi ab tak jo sath rahe woh to haraam hi tha ab shariyat ka kya hukm hai halala nikaah k liye.

Halaala

Q: Mera sawal yeh hai ke agar kisi shaks ne zohar ki namaz ke baad halaala nikah kiya aur uske baad din mein hi mubashrat ki aur 1 ghante baad talaaq de di to kya halaala nikah ki sharait poori ho jayengi?

Teen talaaq

Q: Mera sawaal yeh hai ki mere dost ne 6 mahine pahle apni biwi ko 3 talaaq de di thi phir ek maulana ne fatwa diya ki 3 talaaq 1 hui phir woh dono sath mein rahne lage ab usko ek sahab ne bataya ki yeh galat hai halala karna hoga to kya ab uski biwi ko halala nikah karne se pahle iddat guzarni hogi ya nahi?

Teen talaaq

Q: Mera sawal ye he ki maine nikah ki bina ghr pr bataye or jb ghr valo ko batay to voh log talaq ke liye kehne lage or bhot dabav dalne lage mjh pr bhi or mere shohar pr bhi tb mere shohar ne mere abbu se kaha bs talaq talaq talaq bol diya hoo jati h kya talaq or ye maine nhi suni toh kya meri talaq hoo gai h unka koi irada nhi tha talaq dene ka.

Halaala

Q: Mera sawal yeh hai ki sauhar ne apni biwi ko ek sath 3 talaaq de di hai aur ab woh dono bachchon ki khatir phir se sath rahna chahte hai isliye usne apni biwi se kaha ki tum mere dost se halala nikah kar lo aur mubashrat k baad woh tumhe talaaq de dega biwi ne uske dost se nikah kar liya aur sabiq sauhar ne apne dost ko nikaah se 2 din pahle halala ka masla bata diya tha ki admi sohbat karne k baad halala nikah mein talaaq de deta hai uske dost ne aisa hi kiya nikah karke sohbat karne k 20 minute baad 3 talaaq ek sath de di to kya ab woh dono phir se nikah kar sakte hai?

Halaala

Q: Mera sawaal yeh hai ke mere dost ne apni biwi ko teen talaaq de di hai. Ab woh dono fir se sath rahna chahte hai to kya halaala karna hoga? Halaala nikah ka sahih tareeqa bata de.