Monday | 24 February 2020 | 30 Jamadiul-Thani 1441
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Fatwa Answer

Question ID: 952 Category: Business Dealings
Talaq/Divorce

In the beginning of May, before going to Texas, him and I had a huge argument in the apartment. During this argument, he told me that he is giving me talaq (meaning divorce in English) in the following way “main tumhe talaq dayta huhn” that means in English that he is willingly giving me divorce. At this time, I was on my 5thday of my menstrual period. After that I called my father and told him what had happened. He suggested having a talk with him. During the talk he mentioned to my father that he needed time to find jobs in IL and he would drop me and our daughter in my parents’ house for 1 week to calm things down between us.  However, after 1 week, his decision changed and he left to Texas without informing me or my family where he was staying or working and when he was returning back to IL to take me or our daughter. When I insisted to join him, he refused and said he doesn’t know exactly when I could join him. This shows he had already planned to go away to Texas for a long time. But he lied to my family that he was looking for jobs in IL. He dropped me to my parents’ house for a week so that he could arrange his things to go to Texas. He wanted to get away from the relationship long before I could even realize it. He never apologized or made up with me after giving the talaq and never discussed matters with me before leaving to Texas. Therefore, I ask Sharia Board to grant a fatwa concerning this matter and relief me from this man as soon as possible. Please give me justice to this matter for the sake of Allah swt.

 

JazakAllah

الجواب وبالله التوفيق

In the situation described in your question, when he said “I divorce you”, it constituted to one Talaq-e-Raj‘ai.

The period of ‘Iddah is equal to 3 menstrual cycles, and during this period he has the right to take you back. If the period of ‘Iddah gets completed, and he does not take you back, you will be considered free from your Nikah with him. 

ٱلطَّلَـٰقُ مَرَّتَانِ‌ۖ فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحُۢ بِإِحۡسَانٍ۬‌ۗ(بقرۃ 229 

واذا طلق الرجل امراتہ تطلیقۃ رجعیۃ فلہ ان یراجعھا فی عدتھا (ہدایۃ کتاب الطلاق