Fatwa #1473022 November 2006United States of America
My husband has also said to my mother on the phone while fighting that I am leaving your daughter. The incidence of talking about filing...agreeing that we are filing tomorrow,
Question
We are going through very rough times in our marraige. I went to Pakistan for the sake of seperation with the kids thinking that it would help.When I came back, he was stiffer then before so was I? We have fought previously wher we have ended up saying that tomorrow we will file up the papers for divorce.He has said that too.We have stopped talking after that, and tomorrow comes and goes, we dont go to the lawyer.But the thing is thats the American Law.What happens in the Islamic Law. My husband has also said to my mother on the phone while fighting that I am leaving your daughter. The incidence of talking about filing...agreeing that we are filing tomorrow, has happened, I dont know how many times.I mean us saying we are filing.I dont even remember the times.Both of us have been wanting to scare each other.Things have not improved in our household.We have been married for 9 years and we have 2 kids.I am not sure about Tallaq bein. I never knew about it.Do we need to go to the masjid for more information.He has not mentioned the words, Tallaq directly towards me.Where do we stand as husband and wife?
I talked to my husband about this last night and he started making personal attacks at me and afterwards showed me this article
So really , where do we stand.He is refusing to tell me his intentions.Do we need to go to local Masjid?Where do we stand?
Answer
Muhtaram Sister in Islam
Assalamu alaukum wa rahmatullahi wa barakatuh
In principle, if your husband utters indirect words of talaaq for example, I left you, then that is kinayah. (indication). If he uttered such a statement with the intention of divorce then only one Talaaq-e-Bain will take place. If he did not intend divorce but he meants to threaten you with such an indirect statement, then no Talaaq takes place. If you husband does not divulge his intention, regard the marriage as intact
And Allah Ta'ala knows best
Mufti Ebrahim Desai
A SPECIAL MESSAGE FROM MUFTI EBRAHIM DESAI
1. When the world was in darkness of inhumanity, Allah Taala gave knowledge and guidance to Rasulullah (Sallalahu Alayhi Wasallam).
2. The guidance through that Divine knowledge had changed the mindset of people and transformed the evil practices of people to the highest morals.
3. Education and knowledge of Divine guidance is the backbone and foundation of reformation, prosperity and peace.
4. Islam provides guidance and solution for every aspect of life. Ignorance of such knowledge leads one to look down upon Islam and suffer an inferiority complex.
5. When one studies Islam, the Quran and Hadith, then only one will value the in-depth wisdom in such knowledge.
6. Muslims are generally ignorant about Islam and that is the fundamental cause of our decline and retrogression.
7. We have to educate ourselves on Islam and rise to the challenges of the times and once again prove ourselves as a dynamic Ummah. For that sacrifice, take out time to study Islam from reliable Ulama and scholars.
8. If you cannot make your son an Aalim of Deen then encourage others to become Huffaz and Ulama. You will get the reward of the person studying and guiding people through his knowledge.
9. If that too is difficult, at least help and assist a person who wishes to study Deen.
10. Rasulullah (Sallalahu Alayhi Wasallam) said, "When a person passes away all his deeds terminate except three, Sadaqah e Jaariyya (perpetual reward), pious child that makes Dua for the parents and knowledge through which others benefit".
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