Social Matters >> Talaq (Divorce)

Question # : 64377


If a wife has taken her own belonging and in front of other witnesses and many times at various places she has said that she does not want to reside with her husband and talaq papers were also made but not given. And now some people are saying that leaving separately for six months in this behavior can turn into talaq. I want to know what it is actually and what that six months is.

Answer : 64377

Published on: May 2, 2016

بسم الله الرحمن الرحيم

(Fatwa: 533/533/SD=07/1437)

No talaq occurs if wife does not stay with her husband for six months. In order to occur the talaq it is mandatory that the husband gives verbal or written talaq. In the question mentioned above you have written that “talaq papers were also made but not given.” This is ambiguous sentence. Who got the papers prepared? What was written there in the papers? You should have submitted those papers along this question.

However, in the above mentioned case if the husband has not given verbal or written talaq to his wife then no talaq occurred on his wife, she shall remain in his nikah as usual, no matter she said many times that she does not want to stay with the husband. And if the husband got the papers of talaq prepared then attach those papers and submit the query again.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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