Fatwa ID: 02991
Answered by: Maulana Abu Muhsin Osmani
Assalamu Alaikum Wa Rahmatullah
My question regarding your answer is that, Is this considered to be divorce and do we have to re-do nikah as we did not consummate our marriage.
بسم الله الرحمن الرحيم
In the name of Allah, the Most Gracious, the Most Merciful.
Your statement, “I am haram for you from now on” constitutes one irrevocable divorce (talaq bain), not “zihar”, irrespective of whether you had the intention of divorce or not, or whether you consummated the marriage or not. Therefore, if you desire to take her back, you must renew your marriage, either during her waiting period (iddat) or after its expiry.
Only Allah تعالى knows best
Written by Maulana Abu Muhsin Osmani
Checked and Approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
 Raddul Muhtar: p. 529-531, v. 4 (Maktaba Imdadia)
Raddul Muhtar: p. 74-78, v. 5 (Maktaba Imdadia)
The Complete System of Divorce in Islam: p. 55-56
Fatawa Darul Uloom Deoband: p. 291 and 303, v. 9-10 (Darul Isha’at)
 The Complete System of Divorce in Islam: p. 97 and 99
Fatawa Darul Uloom Deoband: p. 267, v. 9-10 (Darul Isha’at)