Divorce before Marriage Consummation
Assalamu Alaikum, I have a problem for which I need Guidance / Fatwah in the light of Quran and Sunnah. I am originally from Pakistan and am living in the United States since last ~10 years. Last year in December, during my visit to Pakistan, my family proposed my Nikah with one of my cousins which we both accepted and the Nikah ceremony was held soon after. I could not wed her (bring her to our home in Pakistan or to the US and never had marital relationship with her till now) as I was in Pakistan for a very short visit. Thus our families decided to delay the wedding till she can accompany me after getting the visa. So she is still staying at her parents place and we never united. From the day our Nikah held, matters did not go well between our families. I think that all this was because of the petty issues and intolerance on the part of our families, mainly her mother. She mentioned a couple of times in front of my mother (maybe during anger) that if we (I) don't like her daughter, I could leave her.about 3 months ago, during one of my phone conference calls with my mother and my brother, I mentioned that "because things are not moving in the right direction, I can give talaq to her at that moment as this has caused an all time headache for me". My mother told me not to mention the word again as the talaq could actually happen, even in the absence of my wife or her not listening to it. (she was not on the phone and I did not know that at that moment that it can happen without she being there).after a recent incident between our families, while over the phone with my mother and brother, things went to the level where I started yelling with anger and used the word 'I give her talaq' three times in a row. Again my wife was not there and not listening to it.after using these words, I realized what I could have done to our marriage. I did not mean that but it happened because of the flow of the situation and anger. Given the above situation, where I never had the marital relationship and the only Nikah paperwork was completed, I need your help to find my situation: - Islamically, is this talaq valid, given we never had marital relationship and my wife was never listening to it or attending the phone?- Later I learnt that there should be two witnesses for a Divorce to take place. Does my mother, being a female, considered a full witness or half witness? (if she is half witness, and my brother being one full witness, does not satisfy the condition of two witnesses for the divorce to happen) - If the divorce is valid, is there a way to reverse the course of action, like a fresh Nikah if both parties agree? - If I can take her back, how will it happen as I am still in the US and not in Pakistan (I can't have the physical contact with her, and we were planning to get married in March 09)? I am feeling very sorry for her and myself as she is probably influenced by her mother but may not be a bad girl for me as we never had the husband/wife relationship. Please let me know my options and the best course of action and guidance. JazakAllah, Wassalam,
