Fatwa ID: 02179

Answered by Mufti Mohammed Tosir Miah

Question:

My wife asked me divorce and I tried everything to avoid it but when things did not worked on dated 6th June 2011 I said to her on internet chatting that “I Imran Mirani son of Rafiq Ahmed give you Ansa Hussein one talak as it says in islam” and closed chatting, my intentions were if I say it may be she can think back and come back again, after a week when I said those words I repeatedly said to her many times over call and chatting and in my emails that I want you back I know I said the words and we still can try live our life and I used the words “I want to do rujjo with you cause talak is not the solution” also said many times " I did rujjo with you and still we are husband and wife and we can still try live our life"I said those words so many times and every time she said she doesn’t accept this, till 20th August 2011 she said that her iddat period is over now cause she had her periods three times so we are not husband and wife anymore.

My question is that ( are we still husband and wife or what? and what

does sharia says in this situation?)

Answer:

The choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. (Bahrur Raaiq P.50 V.4)

The jurists have lisited two ways of effecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 V.5)

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be effected whether the wife is in front of him or not, however where the wife is not present it is best to have two. (Raddul Muhtar p.25 V.5)

The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will effect rujuu. (Ibid)

In regards to your question, the verbal Rujuu you did was valid and your wife is still in your Nikah. It is not permissible for your wife to think otherwise and assume the marriage has been terminated. She will not be allowed to leave the marriage in such a situation.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.