Taking One's Wife to Her Parents' Home Is Not Talaq

Question

A man, with the intention of leaving his wife, put her in a vehicle and left her near the village of his father-in-law, i.e. of the wife's parents, and the woman, taking her jewellery and clothes, went home by herself. Six years have passed since then. The man also sought another nikah, but it could not come about; then, out of necessity, he turned back to this woman. Is the woman still his wife now or not?

Answer

If he did not pronounce talaq either explicitly (sarih) or allusively (kinaya), then the woman is still his wife. Talaq does not take effect merely by his taking his wife to her parents' house with an intention in his heart and seeking a second nikah.

Source: Fatawa Mahmudiyya

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