Please inform whether our marital contract remains intact?

Laws of Divorce,Divorce,Please inform whether our marital contract remains intact?

Fatwa No :
32014
| Date :
معاملات / احکام طلاق / طلاق

Please inform whether our marital contract remains intact?

Assalamu Alaikum Wa Rahmathullahi Wa Barakathuhu

I told my wife in anger that, now onwards your income and you are Haram for me but I did not have the intention of giving Talaq. Please inform whether our marital contract remains intact?

الجوابُ حامِدا ًو مُصلیِّا ً

From the questioner’s sentence “your income and you are Haram for me”, even without intention one Talaq e Baain (revocable divorce) has occurred. Hence, on completion of the Iddat period, questioner’s wife can marry someone else, if she wishes. However if the couple wish to carry on as husband and wife again, it is necessary to renew their Nikah in the presence of witnesses with freshly agreed upon Mehr. However after renewal of the Nikah, the questioner will have the right to use only two Talaqs. If he happen to give even two Talaqs his wife will be Haram for him due to irrevocable divorce. Hence the questioner should be very much cautious about using it in future.

Allah knows best.

And Allah knows best
Darulifta Jamia Binoria Aalamia

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