Divorce

Question:

I have an urgent question about a mental problem husband who did not had any forms of communication with his wife for last 8 years and the wife was to her father's house. So as for his mental health problems my question is are they still in a state of marriage or their relationship is done.The husband is also maulana and mufti sab and Because of his problem he doesn't pray namaj sometimes properly, he cuts his beard, he doubts his wife and also many times he had been said to his town people that he doesn't have any relationship with his wife. Also at the same state of his health he said to his father in law directly take your daughter. They also have 2 sons who are doing hifz alhamdu lillah. Before their father used to come and visit his sons but since last 5 years he didn't come anymore. So please may I know their relationships matters please? Because the wife now saying if their relationship is still remains she wants to take the risk 1 more time to go to her husband and do his khidmat so that her hereafter gets easier and may Allah help her or else she's thinking that she's the sinner because of not taking care of her husband and not being able to be nearby during this critical time . Please help me or else is there any phone number to talk with you about this briefly. Answer: Wa alaikum Salam wa rahmatullahi wa barakatuhu, May Allah reward the sister for her determination and efforts, the divorce is only established in Islam with the intention of divorce. In this case, there are no clear words of divorce spoken and circumstantial evidence as well is not strong enough to suggest that her husband meant divorce from these words, so the marriage between them is still valid and she will be rewarded greatly for any khidmah she does of her husband. And since, according to you, husband is also not mentally stable, he's not fit enough to pronounce divorce with ambiguous words, for a complete control over one's rational faculties is a requirement in this. Abd Allāh Ibn Yazīd bin Rukānah narrated from his father, from his grandfather ( may Allāh be pleased with them ) who said, “O Messenger of Allāh! “I irrevocably divorced my wife.” So he asked, “What did you intend by that?” I replied, “One (divorce pronoun).” He then questioned, “[Do you swear] By God? I stated, “[Yes] By Allah.” He clarified, “Then it is as you intended.”” – (Tirmidhī 1177) [3] And Allah knows best Mufti Umer Farooq Saleem