A man is having a lot of problems with his wife and he has now given his wife 2 Talāqs. They are still living under the same roof together but are not sleeping in the same room or sharing a bed. They have children as well.
He gave 2 Talāqs together in August. She is saying that if they do not make up i.e. sleep together, then after the 3 months or the 3rd month, “Islamically” the marriage is over even though he has not given the 3rd Talāq. Is this correct?
She does not want a divorce and is insisting that they “make up” just once before the 3 months so that the marriage is not finished.
He is saying that she can live there but for now wants to leave things as they are as she has caused many conspiracies and misunderstandings leading to problems.
Can you please advise what the Islamic opinion are on the following:
1. Is she automatically divorced if 3 months pass, even though they are still living together in the same house?
2. Must they sleep together before 3 months in order for her to remain his wife?
I have searched you website for an answer but as this is quite specific, I can’t find anything.
I’d be very grateful if you could kindly advise us as soon as possible as the “3rd month” is coming up very soon.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to issue a ruling, please elaborate on the exact manner and the exact words that the husband used in giving Talāq to his wife.
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And Allah Ta’āla Knows Best
Mawlana Abdul Hannan Nizami,
Student Darul Iftaa
Checked and Approved by,
Mufti Husain Kadodia.