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Fatwa #528526 March 2002South Africa

A couple would like to know if there marriage is still valid ???

Question

A man and a wife had a temporary period of marital problems(arguments,verbal abuse,etc).They constantly had this unexplained problem which was later on diagnosed by an aamil to be the effects of Sihr.During this period the husband never uttered any divorce but he on a few occasions told his wife words to this effect "go to your mother's house" with the intention of "correcting"her "bad"behaviour(this was the intention & not divorce).But on one occasion he told her similar kind words almost immediately when he was awoken from his sleep because of his wifes "bad behaviour".In this state of awakening when he uttered these words he is not sure for a certainty what his intention was.All he recalls is that he had DOUBTS at this time about his intention,because of the THOUGHTS of divorce was ,so to say, being played in his head but he for certainty does not recall his real intention!!!!!

Answer

The marriage is valid.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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