Question Summary:
i said to my wife that i will gie you divorce three times but i didnt have a NIYAT for it and i didnt give her the time….

Question Detail:

sir i was married only for 7 months and in all that time my wife stayed with me for only 4 and half months during which time i kept her like a princess adn never treated her bad but as her parents were asking me to move to usa and live in their house with them where my wife will work and i will work too but i was not in favour of it as i live in hong kong and had a very good income and also i didnt wanted my wife to work.

as a result my wife left me and when i told her that if you leave me then we may end up in divorce and she said she prefer to be diovrced that staying with me in hong kong away from her parents.
she gave birth to a premature child in usa and then she called me and first she swear at me that i was born not from my fatehr but from some other man she mentioned by name and also her father and mother said the same thing to me that my mother is a characret less woman and that she has been sleeping with other people, that time if her father was in front of me i swear on Allah that i would have killed him right away but as it was on telephone and also he said to me that i will have to give divorce to their daughter so i told him that i will give her divorce and give teh phone to her.
he said the phone is on speaker and she is listening and i said to my wife that i will gie you divorce three times but i didnt have a NIYAT for it and i didnt give her teh time when i will give her and i said three times as her father told me that you have to say three times.
i know he wanted to get divorce but i told her that i will give her divorce i never said to her that i divorce her or have given to her.
no she is calling and telling people taht she is divorced and her parents are gatting her married to someone else and our son is only 4 months old and i dont even know his name or anything.
please tell me if teh divorce is done or she is still my wife and since her parents only do what they say then what should i do to get my child if tehy are marrying her to someone else.
an earliest reply would be very much appreciated.
 

Answer :

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In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
If you said to your wife, “I will give you divorce three times” then that does not constitute divorce as it is in the future sense. If you would have uttered the words of divorce in the past or present tense, then the divorce would be valid.
Your marriage with your wife is intact. She cannot get married elsewhere. If she does, that will be Zina.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah