Conditional Talaaq

Question ID: 
458

Question

Assalaamu alaikum. I want an explanation regarding my marital life. I am very confused and I don’t know whether I am still in nikaah with my husband or not. Previously for certain reason I have asked my husband to issue me my talaaq. Initially he refused. Later on, when we had an argument due to his misbehaving attitude towards me as well as my other family members, I had to take this matter to the police as there were no other alternatives. When he came to know about it, he tried to blackmail me and even showed his interest in giving me talaaq on condition that I withdraw the case against him. The exact wording is “If you dismiss the case one talaaq baain apply for you”. I agreed to his conditional talaaq and some days later when I was going to remove the case he met me and told me that “You will not be able to remove the case completely; therefore the talaaq will not take place”. What he meant is although I am going to remove the case, but DPP will still sue him therefore the case will not be totally dismissed, that’s why the talaaq baain will not take effect. I did withdraw the case but had to put another case due to some problems. CID is still prosecuting him. Some month later, I contacted him in order to resume our marital life and that we should forget about everything in the pass. But he categorically refused me and even said that “I am no more his wife”. I almost begged him to come back but this was his reply on several occasions with several people as well. He also said that he gave me talaaq already and my iddat is also over. This is when I also found out that he was in love with someone else that’s why he did not want to come back. But recently he contacted me and wanted to reconcile. Now he is saying that according to the mufti my talaaq did not take place. Therefore I am still in his nikaah. My question is: Am I still in his nikaah or not? If I agree to reconcile, should I make nikaah again or not? Jazaakumullahu khairaa.

Answer

Wa alaikumus salaam. After going thoroughly to your query, we are of opinion that you people call at our office to discuss the matter.