Fatwa: # 18676
Category: Divorce
Country: Saudi Arabia
Date: 17th May 2010

Title

I had a verbal fight yesterday with my wife she provoked it giving my parents bad words i asked her to refrain from this three times she kept on doing so i beat her when i came down she called her father and then comes the real issue. he called me and said you tortured her while u are living away and now you want to keep her with u (means what

Question

 

Salam Mufti Sahab

I have a question regarding divorce

I live in Saudi arabia and my sect is sunni hanfi. 

I had a verbal fight yesterday with my wife she provoked it giving my parents bad words i asked her to refrain from this three times she kept on doing so i beat her when i came down she called her father and then comes the real issue. he called me and said you tortured her while u are living away and now you want to keep her with u (means what are my intentions???) kept me asking 2-3 times. then i said i want to do istikhara he immediately said no istikhara after marrage. then i said i cant live with her any longer. he again said same question i replied again same wording and from my heart. again repeated same and i said "no" straight away because his talking was very bad. then he said you are a munafiq i knew you and your parents would do same. 

so is the talaq permanent by the way i don't want her to be with me in my life again.  He threatened me i will see u and your parents in jail over this and she said what you will do i have 5 Jins in me. 

She tried very hard that i hit her or do bed sharing i refrain  from this 

They did  black magic stuff on me but failed coz i do a lot of zikker Alhamdullilah. 

They say we are pious and dont do these things but they sent us after meragge bottle of water and lots of taweez and saying the magic has been done from your family side.  

recently i took her for 40 days in path of ALLAH S.W.T and there she discussed only this topic with elders i.e "parents should not come in the life of ours"

Her parents and she don't want my parents to be with me when ever i said u want me to go to Pakistan she always said no but her intension's are same. 

I went to Pakistan with my mother, my mother is sick they said to me leave your mother somewhere and come join us i refused and problem started from there. 
Faisal
fiq79@hotmail.com

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

Your statement “I can’t live with her anymore” does not clearly reflect your intention of terminating the Nikāh or not. If your intention at that time of making the statement was to terminate the Nikāh, then that will constitute one talāq bāin (an irrevocable divorce). The wife is  obliged to sit in Iddat from the time you have uttered the words. You will have to renew the Nikāh if you wish to stay with her. If your intention was not to terminate the Nikāh, then your Nikāh will be intact. You don’t have to renew your Nikāh.

(Fatāwa Aalamgīriyyah, Vol.1, Pg.74,Saeed)[1]

 

Islam has given certain rights to the husband over the wife and certain rights to the wife over the husband. There should be love, compassion, and honesty between the husband and wife. Both husband and wife should be conscious of one another’s rights.

 

Indeed, the rights of parents are greater than wives, but that does not mean that one should neglect his wife and prefer his parents over the wife in every aspect of life. In the same way, the wife should also understand that her success lies in the happiness of her husband. If the husband is fulfilling her needs and not violating her rights due to the parents, then there is no harm in keeping the parents with them. The parents should also look after their daughter-in-law as their own child and not interfere with her life unnecessarily. Try to forgive each other and abstain from reminding each other of their rights. This will create love and compassion between parents and daughter-in-law.

 

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 

 

Ml. Abdur Rahman Shareef,
Student Dārul Iftā

 

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

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[1] لا يقع بها الطلاق إلا بالنية أو بدلالة حال)فتاوى عالمكيرية، الفصل الخامس في الكنايات)

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