Husband telling the wife "we should separate"

· 18 Jumada I 1435 AH1 min readEnglish
TalaaqThose situations where Talaaq does not take place

Question

Could you please give clarity on the issue of talaaq. If I have said to my wife that we should separate and subsequent to that we are both in agreement that our marriage is over. Will this be considered a talaq? Secondly, if i have uttered the words, I hereby give you a talaq and she records it on her cellphone, when nobody else is around, will that stand as a valid talaq? Lastly, if I have said the words and the same night my wife states that she has started spotting (starting menstruating), does it make the talaq invalid or is it simply a case of the Iddah period being moved till after spotting ends?

Answer

Just by saying "we should separate" and not intending talaaq, talaaq will not take place.

Yes.

The talaaq is valid and the iddat has commenced.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
Ask Mufti Online

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.