• Social Matters >> Talaq (Divorce)

    Question ID: 14646Country: India

    Title: Assalamu alaikum warahmatullah. Janab Mufti sahab, I Md. A.H. Dabaka married Mst. R.B.Dhekiajuly on 31/08/08 I marred according to Islamic law. I and my wife love each other very much. But her parents do not like me. So they, by any means, want Divorce. Some days ago her parents in my absence took her to their home with false vows. After that they put pressure on her for divorce. Accordingly, she wanted divorce. But I did not it. I only replied in Assamese through SMS (TUMI JI AKARE MUK ERI JABO BISARISA TAR KARONE MOI TUMAK TALAQ DIA JORURI, KINTU, TUMAR NISINA TUMAR PORIALE U BISARILE MOI TALAQ DIBOLOI RAJI ASU) {Translate to English} ?whatever you have wanted,?? It is necessary for me to divorce you. If your family wants like you, I am ready?. On another day I told her, ?if you go to your parental house without my wish, I shall divorce you? Has it become divorce? I love her and will love for ever. They have forcefully want to got her married to another person. Is not this an act against Islamic law? In hope for answer from your side. ZAZAK ALLAH.

    Question: Assalamu alaikum warahmatullah. Janab Mufti sahab, I Md. A.H. Dabaka married Mst. R.B.Dhekiajuly on 31/08/08 I marred according to Islamic law. I and my wife love each other very much. But her parents do not like me. So they, by any means, want Divorce. Some days ago her parents in my absence took her to their home with false vows. After that they put pressure on her for divorce. Accordingly, she wanted divorce. But I did not it. I only replied in Assamese through SMS (TUMI JI AKARE MUK ERI JABO BISARISA TAR KARONE MOI TUMAK TALAQ DIA JORURI, KINTU, TUMAR NISINA TUMAR PORIALE U BISARILE MOI TALAQ DIBOLOI RAJI ASU) {Translate to English} ?whatever you have wanted,?? It is necessary for me to divorce you. If your family wants like you, I am ready?. On another day I told her, ?if you go to your parental house without my wish, I shall divorce you? Has it become divorce? I love her and will love for ever. They have forcefully want to got her married to another person. Is not this an act against Islamic law? In hope for answer from your side. ZAZAK ALLAH.

    Answer ID: 14646

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1326/1076=D/1430)

     

    In the SMS ?whatever you have wanted??It is necessary for me to divorce you. If your family wants like you, I am ready? there is no word of talaq. While saying to her: ?if you go to your parental house without my wish, I shall divorce you? is also not talaq, rather warning. Therefore, no talaq will take place by these two sentences. If you said any other sentence as well, you should write it clearly. When there was no talaq, you Mst. R.B. Dhekiajuly is your wife, her nikah with other man is invalid.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India