The Shar'i Ruling on Writing “I Have Given …… to My Wife”

Question

A certain man, Rafiq, treats his wife 'Abida badly, quarrels and fights with 'Abida every day, and says: “I do not like you, I will pronounce talaq on you. Go to your parents' house; tell your father that you do not want to go to your husband's house, so that I am not disgraced; just stay at your father's house yourself.” 'Abida did not do so: she did not go to her father's house and remained in her husband's house.

Answer

In this case no talaq will take effect. Editor's note: here there is no explicit (sarih) or allusive (kinaya) word of talaq; moreover, the sentence here is also incomplete, so talaq will not take effect merely from “have given”.

Source: Fatawa Mahmudiyya

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