Regarding clarification of Talaq

05 Mar 2022 Ref-No#: 2426

I married Mahelaqa Bano on 5/61988.Out of this wedlock I have 2 daughters and 2 sons.All of them are adults and unmarried.My two daughters are teaching in reputed English medium schools in Kolkata and my two sons are dental surgeons.My wife is purely a housewife.On 7/9/2019 my wife along with my two daughters and youngest son left my residence without informing me after a minor altercation between us in which I called her harami and haramzadi being very much offended by my abuse. I searched for them and found them on 15/9/2019.They were living in a flat at kasba area in Kolkata which is predominantly a Hindu populated area purchased by my wife out of the share she received from her paternal property.When I found them they became afraid and on 17/9/2019 my wife went to Nakhoda Masjid, Kolkata and falsely told the imam that my husband has given me triple talaq about three months back.What I should do now according to Sharia ?.The imam without consulting me gave his opinion on the ground that if what she said is right then divorce has taken place and your husband has become haram for you and separate from him as soon as possible.She served a legal notice to me and said I had given her triple talaq and she being a pious muslima has accepted the talaq and that I should not disturb her or she would take appropriate legal steps against me.I went to the said imam and denied ever given triple talaq to her and the imam gave me his opinion that when I have not given the talaq to my wife talaq did not take place.I sent the said opinion of the same imam to her through my advocate but she is not accepting the opinion of the imam given to me and she refuses to return to my residence.According Sharia please guide me whether talaq takes place even when the husband has not given talaq because as I know the discretion of giving talaq wholly and solely lies on the husband and when I have never ever pronounced the world triple talaq before her how did talaq take place.My wife and my daughters have all blocked my phone.I went to their present residence thrice in 5 months but they don’t open the door.Moreover they threaten me of legal action by falsely implicating me in false cases if I disturb them.I wife says that I have become na mehram for her and all my three children listen to what her mother says because they have been educated in English medium schools as such they are ignorant about Islamic laws.They also believe that talaq has taken place.According to Sharia please give your fatwa on the aforesaid matter because I am really worried and depressed about the matter.My eldest son is living with me because he knows that I have not given triple talaq to her mother and she has obtained the opinion of the imam by falsely misrepresenting the actual facts only to gain sympathy and respect in society that whenever someone asks the reason for deserting her husband and leaving his residence she will show the opinion of the imam to them and after seeing the opinion of the imam no one can see fault in her leaving my residence along with my children.On the contrary every will hold me responsible for bad deeds.Please give me a fatwa accordingly to Qur’an and shariat as soon as possible.Many thanks

Answer

AssalāmuʿAlaykum Wa Raḥmatullāhi Wa Barakātuh

You have stated that the Imām had given a verdict without consulting you.

Likewise, we are unable to provide a response to your query without obtaining information from the other parties.

If you so wish for us to respond then we require that a joint submission by all parties be made wherein the sequence of events and content are mutually agreed upon.

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