Thursday | 09 July 2020 | 17 Dhul-Qidah 1441
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Fatwa Answer

Question ID: 953 Category: Business Dealings
Talaq/Divorce

Mufti sahab My husband and i were arguing and he said..3 times get out of my home..he sent a txt to my sister and said to come pick up ur sister ..after that he told me to go my moms house..and he took credit card..then says to me u wan to keep two days kids and 2 days i will keep them..then he u can keep them in morning and then i can keep in the evening ..with all these actions and words i like to know is our nikah valid ot not ? He has gave me two talaq in the past..

Jazakhallah

 

الجواب وبالله التوفيق

Saying “Get out of my home” is an allusive statement for issuing divorce (i.e. speech, characterized by indirect references). If the intention by making that statement was to issue a divorce, then according to Islamic Shar‘iah one Talaq-e-Ba‘in(irrevocable divorce) has taken place, and if the intention was not to issue a divorce, then the divorce has not taken place.

 The only way to determine what his intention was will be to ask him; whatever he says will be believed as the truth.

 Since you have mentioned that your husband has already issued 2 divorces in the past, if his intention was to divorce you by making the statement he made, you will no longer be considered his wife. Therefore, it should be asked what his intention was. 

 

الطلاق البائن یلحق الطلاق الصریح بان قال لھا انت طالق ثم قال لھا انت بائن تقع طلقۃ اخری

 (عالمگیری ص 377 کتاب الطلاق فصل خامس،  در مختار کتاب الطلاق باب الکنایات رد المحتار ص 306 ج  3سعید، فتاوی محمودیہ ص 559 ج   12 ، حاشیہ ابن عابدین شامی ص 335 ج 9)