Fatwa ID: 02991

Answered by: Maulana Abu Muhsin Osmani​

Question:

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.

My intention is not to give divorce at that time but my words are * I am haram for you from now on *. I have done kafar for zihar but I am still confused about the matter.

Answer:

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.^[1] Therefore, if you desire to take her back, you must renew your marriage, either during her waiting period (iddat) or after its expiry.^[2]                                    

Only Allah تعالى knows best

Written by Maulana Abu Muhsin Osmani

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] 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)

^[2] The Complete System of Divorce in Islam: p. 97 and 99

  Fatawa Darul Uloom Deoband: p. 267, v. 9-10 (Darul Isha’at)