Husband intending to give Talaq to his wife

CategoriesDivorce [521]

Fatwa ID: 01716

Answered by Mufti Mohammed Tosir Miah

Question:

I had some quarrel with my wife and all me, my wife and my mother are not staying in same place. My wife is at my in-laws place after her maternity. I told my mother that I wish to give talaq to my wife but I never conveyed this to my wife. I'm not sure how many times I told my mother about this. Is my nikah valid? 

P.S. I never told my wife that I want to give u talaq.

 Answer:

Bismillah

The Islamic ruling regarding talaq being uttered in the future tense is that talaq does not occur. They are merely a promise or a warning and promises and warnings do not effect talaq. (Badaaius Sanaai p.210 v.2)

Regarding your question, wishing or intending to give talaq is not actually giving talaq, therefore, in such a situation talaq would not occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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