Husband telling the wife "we should separate"

Published 10 years ago
Last updated 9 years ago

Q: Could you please give clarity on the issue of talaaq. If I have said to my wife that we should separate and subsequent to that we are both in agreement that our marriage is over. Will this be considered a talaq? Secondly, if i have uttered the words, I hereby give you a talaq and she records it on her cellphone, when nobody else is around, will that stand as a valid talaq? Lastly, if I have said the words and the same night my wife states that she has started spotting (starting menstruating), does it make the talaq invalid or is it simply a case of the Iddah period being moved till after spotting ends?

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A:

  1. Just by saying "we should separate" and not intending talaaq, talaaq will not take place.
  2. Yes.
  3. The talaaq is valid and the iddat has commenced.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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