Talaaq

Does nikaah break through separation

Q: Is the nikaah over if a husband and a wife are separated for 2 years? One of my Muslim sisters has been married for 3 years. She hated him because when she got pregnant he told her to do abortion just four months after the marriage and he left her until she delivered the baby then he was back to her and after she forgave him they were staying in separate homes while she was taking care of her sick mom. He did zina with another woman and after two months they were back together again. Then he told her about what he did and since then she never consider him as her husband and she asked him for divorce but he never granted her divorce. He said to her since I did this mistake you can do whatever you want and I will be ready to accept you then we will be equal and she hated him even more. After one year she travelled to another country and she liked a guy which she wants to marry but she is confused if her nikaah is over or cancelled since it's been almost two years now that they are not living together and she doesn't want him but he is refusing to give her talaaq.

Divorce is not subject to the wife's consent

Q: My question is my husband put adultery charge on me. My uncle said that your husband put adultery charge on you so i though that you don't want to live with him that's why I gave your husband mutual divorce agreement. But my uncle didn't tel me before divorce. My husband prepared the divorce agreement and didn't even inform me or didn't even take my permission. Is the talaaq valid?

UAE court annulling the nikaah

Q: My wife went to UAE by telling me that she needs to deliver some papers to her relative and within 1 month or 45 days she will return back, but four months passed and she didn't return. So I went to bring her back, she refused to return to India. Now since 2009 October/November till today she is not willing to return India even though we both are Indians and she use to insist on me that we will live in UAE only. But she don't want to understand the difference between local and outsider. In 27 December 2014 she told me she needs divorce because she don't want to go to India and after one day 28 December she used very filthy language to me and even she said if I am the son of my father, then I must hit her. As a result I slapped he once. Suddenly she called the police. I found it was already planned as her mother and sister also live with us. She filed in mahkuma Sharaya, alain. They asked me, I said  I slapped her because she used filthy language and also spit on me and put scratches on my neck. The reports were there with the police, but to my surprise the judge gave her talaq instead of me. I never gave her talaaq. Now what is the state of my married life? Is it correct that a judge can give talaaq in the presence of her husband? Kindly reply me according to Ahaadith and Sunnah.

Talaaq in the state of anger

Q: During a fierce argument with my wife, in the condition of extreme anger, I told her that I give you talaaq for one time. Later after about two months, again during extreme anger and in a hot argument I pronounced the word talaaq again two times. During both events, it was only me a my wife and no witness was there. Please advise if talaaq has happened.

Husband texting the wife "I divorce u"

Q: My husband and I went through a rough patch in our marriage where he gave me talaaq. We met through a mutual friend and decided to get married, our families arranged the wedding but then arguments occurred over wedding furniture and the wedding dress between our families which lead to his family trying to break off the wedding the night before. My husband married me anyway and at the beginning of our marriage he was very depressed about his family cutting him out of their lives. I felt like he sometimes took all his anger and frustration out on me, it really affected him mentally. I tried to be really kind and supportive but sometimes the verbal abuse and neglect became too much. I told him to be patient and his family will eventually talk to him again, he was so convinced that they would ignore him forever he was so depressed. Alhamdulillah now his family spoke to him again and everything is normal, it took a while but they got there. I just wanted to know if that talaq was valid. I read on other websites to refer to similar questions and read the answer there. The questions were about talaaq given in extreme anger and the answers were their talaq was not valid. My husband and I were arguing a lot during our rough patch and it got so heated we said awful things to each other. He was not himself at all. At this moment I was staying at my parent's house and he was at our flat. We argued on the phone and it continued on text late into the night. He suddenly texted "i divorce u" while we were sending heated texts. The next morning he said he couldn't remember doing it, sending that text, and said he was extremely angry and texting very fast. I would really like to know if this talaaq was valid. I've researched so much on talaaq during extreme anger and I keep reading that it's invalid and that the Prophet (Sallallahu Alayhi Wasallam) said there is no talaq during extreme anger. Please help put my mind at ease.

Suspending the talaaq upon the wife phoning a certain person

Q: I gave a condition to my wife just for one particular day and for a particular phone call that you will be divorced, will be divorced, will be divorced if you call baji (my elder sister). She did not call on that particular day nor did my sister call her on that day. I am living in UAE and had already taken fatwa from aukaaf department and the mufti sahab said "chunkay ap na sirf aik din ki pabandi lagai thi or ap ki biwi na fone ni kiya is liye talaq ni hui, agar ker lati to ho jati or wo future ma bilkul call ker sakti han" After that me and my wife are living normal life. My wife calls her and visits her, but the problem is that I didn't the mufti sahab about three talaqs because I didn't remember at that time. I told him only one talaaq. I take oath that this condition was given for only one particular day. It was clear to my wife also. Also my niyyah was to stop my wife from that particular call by threatening her. It was not meant for divorce. Due to my loneliness I am scared and worried. Please help me.