Intention to divorce.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalam Alikum Brother,

 

My Question is bit critical and would seek your advise in the light of Quran & sunnah.

 

Around two years back I was frustrated with the situation of my marriage and wanted two put an end to the problems by divorcing my wife. so I told her that I wanted to divorce her. after a period of time I changed my mind and told her to return back, but she refused and told me that, for her divorce is effective and just send her the divorce papers. I tried to conveinece her a lot that just by saying I wanted to divorce you doesn't execute a divorce. then after a year the pressure was unbearable from her family, so I divorced her once revocable. but after a month I invited her to come back as a wife, by writing "I want you to come back " for which there was no response.

 

now I am in a confused state that is she still my wife or not? please answer my question as soon as possible.

 

Your Brother in Islam

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Intention to divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

If the husband merely says or declares that ‘I am GOING to divorce you’ or ‘I WANT or WISH to divorce you’ unto his wife, absolutely regardless of how many times the husband declares his intention to divorce his wife, it is merely an utterance from his mouth for an ‘intention’ to divorce does not constitute a legal declaration of divorce in the Sight of Shariah Law and of Allah Subhanah.

 

Your Statements: ……so I divorced her once revocable. but after a month I invited her to come back as a wife, by writing "I want you to come back " for which there was no response.

Absolutely regardless of the reasons you declared the divorce on your wife, this divorce declaration will count as one divorce in your marriage.

 

The husband is well within his rights in Shariah Law to revoke his first and his second declaration of divorce before the expiration of the waiting period of ‘iddah’, which is three menstruation periods of the wife.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230    So if a husband divorces his wife (irrevocably or third time) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

 

Thus if you revoked the divorce before the waiting period or ‘iddah’ had expired, absolutely regardless of whether you revoked it verbally or in writing, that declaration of divorce is now revoked in the Sight of Allah Subhanah and Shariah Law; and you and your wife will be considered legally contracted to the sacred institution of marriage until another divorce is declared and established.

 

Your Question: ….now I am in a confused state that is she still my wife or not?

If you revoked the divorce, provided it was the first or the second declaration of divorce….and you revoked it before the expiration of the waiting period of ‘iddah’ of divorce….then a divorce will not be considered established in your marriage and she will remain your legally wedded wife.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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