Would sending the wife to her parents house constitute a divorce

CategoriesDivorce [567]

Fatwa ID: 01295

Answered by Mufti Mohammed Tosir Miah

Question:

What is the ruling upon a husband sending his wife to her parent’s house because of them arguing all the time He feels some time apart would be a good thing for their marriage. He does not intend to divorce, he just wants his own space for a bit. He tells the wife that when he feels ready he will bring her back to his house. Would this constitute divorce?

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

There are three ways for a marriage to break or separation to occur:

  • One utters the words of divorce or talaq verbally. It is mentioned in Durrul Mukhtar:

 “The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

  • Giving talaq through means of the written word also effects separation. Imam Kasani (RA) states:

“Similarly, issuing a divorce verbally is not a condition. Hence, divorce will be effected with clear and unambiguous writing, or with the understood gesture (isharah) of a dumb person, because the clear written word is in place of verbal utterance”. (Badai Sanai p.100 v.3)

  • Sometimes if a husband is not fulfilling his rights, the wife can initiate a separation through an Islamic Shariah Concil.

Regarding your question, as your intention is clearly demonstrating that by sending your wife to her parent’s house you do not mean to divorce or separate from her, no divorce will be effected.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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