Husband saying "he does not want to continue the relationship"

Q: I got married in 1995. In 1998, my husband said on the phone "If you don't come by tonight's flight we will not be able to stay together, but as flights were not available I could only reach the next day. My husband did not intend to divorce me.

1. Is it counted as one divorce?

In 2002 we had to sign a court paper in America of divorce due to some official issues but we asked a clergy if this will be counted as divorce and he said no. After making sure that it does not affect our relationship we signed the papers, and stayed afterwards together as husband and wife.

2. Is it counted as talak?

In 2003, after a fight with my husband, he sent me mail saying that he does not want to continue the relationship but he did not use the term talak, but he intended to give talak. We are staying seperately after that but we spoke to each other atleast once or twice in a year as some mufti told me that I am not divorce and to keep the relationship I should be talking to him. After that I consulted many muftis to know if our relationship existed but some said that it existed while others said that it did not.

Please confirm as we want to stay together now after a lot of hardships for many years. We are trying to stay together but because of this being not clear we are not able to continue our relationship. 


1. No.

2. Yes, it will be counted as one and the husband has the right to revoke.

The marriage is not broken by him only saying "he does not want to continue the relationship". (Fatawaa Mahmoodiyah, vol. 19, p. 60/61)

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)