Question Summary:
When does automatic divorce happend, i.e If no communication, no meet etc. between Husband & Wife, is it considered a Divorce…?. This is without the husband verbally saying “Tallaq or Divorce”. Question Detail:
In one web site I read in Question & Answer
Q. When does automatic divorce happend, i.e If no communication, no meet etc. between Husband & Wife, is it considered a Divorce...?. This is without the husband verbally saying "Tallaq or Divorce".
A. Yes, U know one tallaq that is called TALLAQ-E-BAIN prevails automatically when a person doesn`t meet his wife for four continuous months,, if then he meet before the period of Iddat comes to end it is called RAJOO... then the wife remains in his Nikkah & then there remains only two Tallaq for complete seperation.
Tallaq given second time is called Tallaq-e-Rojei...after it a man can not meet his wife untill he renew his nikkah before the time period of Iddat is gone.....
Tallaq Given third time ....u know all there is no RUJAT .... I mean a person can not have his wife after 3rd Tallaq until ......after the period of Iddat she marries another man.....lives as his wife then gets three Tallaq from him....then again pass through the time period of Iddat....all this process is called HALALA...so after HALALA now she can remarry his 1st man
if a person just got disappeared for four consective years,,& there is nothing heared about him,, then the wife is to be considered free from that man`s nikkah & she can marry any other man.
please read tafseer of suraa Baqra para no. 2,, ayay 228 & 229 for refrence.
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My Question
There are lots of issues with my wife & not happy with her from any angel (She also told me bad word on phone, no respect, etc………..) 1st times she left house for 6 months after compromise from our two groups(Jamat), I allowed her back to home.
She told me number of times you met me here don’t meet in heaven. After telling good things she replied every time in bad way & each day she will create some problems. Otherwise she will tell I will go. I am not happy with her behavior. I guess she is not interested in me. There is no sexual response from her. She told many times call people do Khula(Divorce). One day she told me don’t tell me anything, don’t touch me I'm not more her husband. Again she left the house & not with me from last 5 months. I told her many times go out, nothing left between us. After marriage I guess that she is forcibly married she left the house without informing me & my parents 5 times in 2 years of our married life. Starting 3 times she came back with his uncle, his uncle told me it will not happened next time forgive her.
After coming back she told me my mother send me otherwise I'm not interested to come. Her family involved in doing Black Magic they did me many times but Allah saved me from this Magic. After suffering from more than 2 years I & my family decided better to separate. My all family member & relatives in tens because of me. They want to see me happy in life. Please tell me on what stage I'm now. I heard she is having some affair with 1 guy & guess too I told her go out from home & from life too, she left the house 5 months back with my son without informing. Kindly explain what the solution is.
In this situation if husband & wife not together for 4 months I read it’s called Tallaq-E-Bain
I.e. Automatic Tallaq. I want know what’s the relation remain between husband & wife after Tallaq-E-Rojei are they continue married life or better go for 3rd Tallaq. Kindly explain me about all three Tallaq in details.
I received attached files about Tallaq from 1 islamic sites in that its mentioned that if husband & wife seperated for months or years its not considered as a divorce. But in about Q&A the Mufti is mention that if there is no meet & communication for 4 months its called TALLAQ-E-BAIN prevails automatically. I read this in many sites too kindly answer me in light of Quran & Sunnah.
Answer :
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
There are three aspects to your query
a) Wife’s behaviour
b) Intention to remain in the marriage
c) Separated for four months effect on the Nikah
It is unfortunate that you have become a victim of your wife’s abuse. Whatever the situation maybe, your wife is not justified in conducting herself in this manner. No problem is too big to solve when the proper channels and mechanisms are used to resolve the issue. However, if the correct procedure and channel is not adopted, a small problem will turn out to be a huge mess.
Nevertheless, you state that your wife has left you several times in the past and left you now as well. It is important to understand why she has left you. Generally, a woman who is well treated and looked after by her husband will never react in this manner. It is possible that you are falling short in fulfilling your responsibility towards your wife and child and hence her constant running away. You should examine your inner-self objectively and question yourself, that, did my attitude contribute to my wife and child leaving me? If the answer is yes, then you should rectify yourself and seek your wife’s forgiveness and assure her you will not repeat your past. However, if you have not failed in your duty towards your wife and child, and your wife does have an attitude demeanor, you may send her for counseling or engage the seniors of her family to rectify her conduct and attitude. If you have failed in that too, you may take advice from your seniors on the way forward for you.
According to Shariah, if a husband takes an oath not have intercourse with his wife for four (4) months and fulfills his oath by not having intercourse with her, then one irrevocable divorce (Talaaq e Baa’in) will take place. However, if the husband does not take any oath, no divorce will take place.
And Allah knows best
Wassalam
Mufti Mohammad Zakariyyah Desai,
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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