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:

MY SELF AHMED I LAVING IN UAE MYWIFE CAME TO DUBAI AFTER FEW DAY WE HAVE SUCH A BIG FIGHT BETWEEN AND I WAS SO ANGARY ON MY WIFE SO I SAY TO MY NOW UR HARAM FOR ME I SAY THAT BUT I LOVE MY WIFE TO MUCH PLZ TELL ME WEATHER I SAY HARAM IT WOULD BE SHE NO LONGER FOR ME I DON`T KNOW WHAT TO DO AND I SEND HEAR BACK 2 INDIA KNOW SHE STAY WITH HIS FAMILY PLA ADVICE ME AS SOON AS 

 

(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:

 

Pronounce wife haraam 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.

 

Respected brother, it all depends what was your intention when you declared your wife ‘haraam’ for you.

 

If your intention behind the declaration was what is known as ‘zihar’ in Shariah, whereby one declares that one’s wife is henceforth ‘haraam’ unto him like one’s mother…ie, one will no longer conjugate with her….then one is required to do ‘taubah’ and atone for their unlawful declaration by fulfilling the ‘kaffarah’ or atonement.

 

Allah Says in the Holy Quran Chapter 58 Surah Mujadilah Verses 2-4:

2        If any men among you divorce their wives by ‘Zihar’ (calling them mothers) they cannot be their mothers! None can be their mothers except those who gave them birth.  And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins) and forgives (again and again).

3        But those who divorce their wives by ‘Zihar’ then wish to go back on the words they uttered (it is ordained that such a one) should free a slave before they touch each other: this are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.

4        And if any has not (the wherewithal to free a slave) he should fast for two months consecutively before they touch each other.  But if any is unable to do so he should feed sixty indigent ones.  This that ye may show your faith in Allah and His Messenger.  Those are limits (set by) Allah. For those who reject (Him) there is a Grievous Penalty.

 

But if your intention when you pronounced your wife ‘haraam’ for you was a declaration of divorce, then indeed one divorce will be established between you and your wife in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

If your intention was indeed merely a declaration of divorce, and you intend to revoke it, there is indeed allowance in Shariah for you to do so…. provided it was your first or your second declaration of divorce in the marriage.

 

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) 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.

 

Respected brother in Islam, if you could let us know by return mail what your exact intentions were when you declared your ‘wife’ haraam unto you, we would be better able to guide you in light of the Guidance of the Quran and the Sunnah, Insha Allah.

 

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