Talaq Without Rukhsati

CategoriesDivorce [544]

Fatwa ID: 04710

Answered by: Mufti Eunus Ali

 

Question:

 

There was telephonic Nikah and a Wakeel arranged from boy side. The boy lives in the UK. There were some texts between girl and boy but no telephonic call. The rukhsati did not take place. The boy’s family is now giving Talaq for no reason. The boy texted that this is not a suitable marriage and his mother saying to return my rings and then take Talaq.

When we return the rings, then automatically there will be Talaq or the boy’s text for “no suitable marriage” is enough reason for Talaq? Please send the procedure that we follow. The girl is very upset and wants to free herself from this Nikah because of the tense behavior of the boy’s family. Please reply soon. Thanks

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

If the message of the boy stating, “this is not a suitable marriage” was sent with the intention of talaq, one divorce absolute (talaq bain) will take place. This would mean that the girl will start her waiting period (iddah) immediately and the couple will not be able to reconcile the marriage until the nikah along with its conditions (such as 2 witnesses etc) is repeated.

 

However, if the text message was not accompanied by the intention of talaq, rather it was the boy expressing that he feels the marriage is not suitable, no talaq will take effect. In this scenario, the boy will need to issue a talaq clearly.[1]

 

Conclusion: the intention behind the text message will need to be looked into and the relevant ruling will be applied.

 

For further details please refer to the link below:

http://daruliftabirmingham.co.uk/writing-three-divorces-on-a-piece-of-paper/

 

Furthermore, the returning of the rings or any jewelry will not be enough for talaq to take effect.

 

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1] Fatawa Hindiyyah, Volume 1, Page 414, Darul Kutubul Ilmiyyah

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