THE QURAN ON SPIDER WEBS (PART 1 OF 2)

"The example of those who take associates other than God is like that of the spider who takes (i.e. constructs) a home. And indeed, the weakest of homes is the home of the spider, if they only knew." (Quran 29:41)

This verse of the Quran comes from chapter 29, the Spider. The part of interest here is that God mentions that the weakest of all homes is that of a spider. In the rich Arabic language, the word "Awhan" is translated into the (weakest); and a deeper look into the meaning suggests that it means severe weakness and helplessness both physically and mentally. 

With the expansion of the study of nature and wildlife in the 20th and 21st centuries naturalists and scientists have unraveled, documented and videoed truly bizarre observations in the life of spiders.

Sexual Cannibalism

Out of the over 45,000 known species of spiders, it is very common that male spiders are killed and eaten by their female spouses[1]; a term known as sexual cannibalism. It is not known why this occurs, however, one theory suggested by scientists is that the male's body provides the female with much-needed nutrients that enables her to lay healthy eggs. A study by Spain's Experimental Station of Arid Zone revealed that in most spider species, aggressive females kill their mates indiscriminately regardless if the male is considered inferior or not.[2]  In many species, female spiders even kill potential mates they are not interested to mate with.[3]

Cannibal Jumping Spider - Credit: Shawn M. Wilder

In some spider species, such as the dark fishing spider, the male spider automatically dies after mating due to internal reasons; and is then cruelly eaten by his bride.[4] Other male spider species die automatically after mating only a few times and in the vast majority of species females outlive males; with males living for only a few months and females a few years. 

When lucky enough to mate and survive the ordeal, the smaller sized male spiders, knowing their spouse's cannibalistic instinct, will then immediately make a run for their lives[5]  leaving the female to nurse anywhere from a few dozen to around a thousand eggs all by herself. Such is the case with the Brazilian Wondering Spider.

In a further twist to spiders' lethal mating customs a study released by researchers Lenka Sentenska and Stano Pekar, from Masaryk University in the Czech Republic in 2013, found that in the Micaria Sociabilis species of black widow spiders both female and male spiders commonly kill and eat the other after mating; and that in this specific species, contrary to what was believed, male spiders more commonly kill and eat their spouses than females kill males.[6]

Life as a Spiderling

In the vast majority of species, the newly born spiderlings have only their mother to feed and protect them. When food becomes scarce the mother is forced to feed her young unhatched eggs; hence a young spiderling must go through the trauma of eating their own unborn brothers and sisters to stay alive.[7]

When there are no more unhatched eggs to feed on and not enough insects falling into the web or caught by mother another common observation is that spiderlings, in desperation, turn cannibal on each other and the small overcrowded web turns into a confined cage of massacre. Helpless as is she is, the mother spider also commonly engages in killing and eating her own young just to get through another day.  - islamreligion.com

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FOOTNOTES:

[1]Pappas, Stephanie. June 2016. Male Orb-Web Spiders Are Choosy About Their Cannibal Mate. Live Science. Retrieved from http://www.livescience.com/54944-male-orb-web-spiders-choosy-about-cannibal-mate.html

[2]Gannon, Megan. April 2014. Food vs. Sex: Why Some Female Spiders Eat Males Before Mating. Live Science. Retrieved from http://www.livescience.com/45066-virgin-female-spiders-eat-males.html

[3]Gannon, Megan. April 2014. Food vs. Sex: Why Some Female Spiders Eat Males Before Mating. Live Science. Retrieved from http://www.livescience.com/45066-virgin-female-spiders-eat-males.html

[4]Lewis, Tanya. June 2013. Tough Love: Male Spiders Die for Sex. Live Science. Retrieved from http://www.livescience.com/37536-spiders-die-for-sex.html

[5]Szalay, Jessie. December 2014. Tarantula Facts. Live Science. Retrieved from http://www.livescience.com/39963-tarantula.html

[6]Cadieux-Shaw, Lillianne. May 2013. Study: Male Black Widow Spiders eat their Mates too. Canadian Geographic. Retrieved from http://www.canadiangeographic.ca/article/study-male-black-widow-spiders-eat-their-mates-too

[7]Englehaupt, Erika. February 2014. Some Animals …facts. Science News. Retrieved from https://www.sciencenews.org/blog/gory-details/some-animals-eat-their-moms-and-other-cannibalism-facts

How the Prophet Brought About Positive Change

The greatest, most profound change in history happened peacefully. Nevertheless, it was truly decisive. Prophet Muhammad (peace be upon him) changed the people’s beliefs, their behaviour, their customs, and their social norms, and he did so by convincing them with kindness and gentle persuasion. He did not force people to agree with him. He did not resort to a show of strength except when absolutely necessary to protect his people. 

For the first thirteen years of his mission, he lived in Mecca in a state of abject weakness, persecuted by his countrymen. After he emigrated to Madinah, his focus was on building and safeguarding his community. If we consider the landmark events of the Madinite era, we find that the battle of Badr was not pre-planned, the battle of Uhud was purely defensive as was the Battle of the Confederate tribes. The peace treaty of Hudaybiyah that the Prophet entered into with the Meccans was seen by many of the Muslims to be a humiliation for Islam, but the Prophet knew better. 

Then, when the Muslims finally entered Mecca in victory, they did so peacefully. They took the city without fighting or bloodshed. Then the Prophet (peace be upon him) stood among the Meccans, who feared reprisals for the years of persecution they had meted out to the Muslims, and he said: “You may go as you please, for you are free.” 

He restored to the weak and oppressed their rights, manumitted slaves, elevated the status of the people, and did away with oppressive practices against women. He likewise did away with the exploitative practices, pomp and influence of the city’s despots with the minimum of hardship for all parties concerned. 

It is impressive how the Prophet rid Arabian society of the many deep-rooted and pernicious customs that they had during the times of ignorance. He was able to bring about a new mindset, freed from the rote, blind following of ancestral traditions. he made the people aware of the falsehood of their former customs, so this awareness could protect them from lapsing back into such modes of thought. 

In this way, the Prophet brought them out of the darkness of superstition, fortune-telling and divination. He dispelled their wantonness and sexual exploitation. He did away with their tribal boasting and rivalries. He rid their hearts of racism. When his own Companion Abū Dharr betrayed racist tendencies, he did not hesitate to tell him: “You are indeed a man possessed of some habits from the times of ignorance.” 

He never compromised on polytheism. He opposed it absolutely, regardless of the sacrifices and hardships this meant for him. He stove to dismantle polytheism in the minds and hearts of the people and bring them to monotheism. Nevertheless, when he went to Mecca after the Treaty of Hudaybiyah to perform the `umrah pilgrimage, there were three hundred and sixty idols around the Ka`bah. He did not destroy the idols or interfere with them in any way. What would have been the point? It is easy for people to recreate their idols as long as they believe in them. The only permanent way to dismantle them is to dismantle them in the people’s hearts and minds. Only after he entered Mecca as their leader, after the people entered into Islam in droves, did he remove the idols from the Ka`bah, restoring it as a place of worship for Allah alone. At this time, a great majority of the people had been convinced of the falsehood of idol worship. Indeed, one of the Meccan leaders commented: “Had they been of any worth, they would not have forsaken us.” 

The Prophet (peace be upon him) was an example of patience in how he coexisted with the pagans in Mecca, and in the fortitude he showed by responding gently and with an open heart to them, in spite of to their abuses and hostility towards him and towards the men and women who chose to follow him. 

Then, after the emigration to Madinah, he lived alongside the Jews and the pagans from the local tribes, not to mention the hypocrites who concealed their animosity towards Islam and the Muslims who were weak in faith. These people were still in Madinah at the time of the Prophet’s death. The chapter of the Qur’an entitled Sūrah al-Hujurāt, which addresses those who were being ill-mannered towards the Prophet and using spiteful names, was revealed in the ninth year after the emigration. One of its final verses reads:

The Bedouins say: “We have believed.” Say [to them]: “You have not [yet] believed; but say [instead], ‘We have submitted’, for faith has not yet entered your hearts. And if you obey Allah and His Messenger, He will not deprive you from your deeds of anything. Indeed, Allah is Forgiving and Merciful.” [Sūrah al-Hujurāt: 14]

At the time of the Prophet’s death, his shield was being held by a Jewish man as collateral for a debt he owed him. The Prophet had borrowed the money to provide food for his family. The Prophet needed the money at the time, and the purchase of the shield was in the Jewish man’s interest at the time. This is the basis of coexistence, to realise that your own welfare and that of other people can be realized together. 

In this way, the Prophet gave a practical lesson for future generations. Madinah, the first capital of Islam, had this diversity within it. In this way, the people could learn how to call others to Islam and how to conduct themselves in a society where they live with people of other faiths as fellow citizens. During the many eras of Islamic rule throughout history, the rights of the various religious communities and denominations were upheld and protected within the context of a strong social fabric. They were not forced to change their religion or their denominational affiliation. The Muslims continued to engage them in polite debate and discussion. 

This social fabric can be torn apart by conflicts spurred on by political interests who instigate the ignorant people and play on their prejudices. When this happens, when neighbour turns against neighbour, people abandon our Prophet’s teachings which stress neighbourly rights even with those you disagree with. 

At times of conflict, people behave irrationally and suspiciously. Sensible people know that this state of affairs is temporary and can – must – be surmounted. People can settle back into living together in peace and cooperation for their mutual wellbeing. 

This is why `Amr b. al-`Ās praised the Roman people for being: “the quickest people to recover from a crisis.” He was referring to an aspect of their cultural mindset that allowed them to get past the times of strife and war and return to a productive state of dialogue and cooperation. This is what we see in Europe after the two world wars. The European people pulled themselves together and ultimately created the European common market, and ultimately the European Union with all of its impressive institutions. 

By contrast, we find some Arab tribes holding on to their ancient feuds, passing the animosity down from one generation to the next, keeping them alive through their legends and poems as if the conflict began only yesterday. 

These tensions can sometimes take on a sectarian or partisan character, spurred on by political rhetoric and ideology. We see this among both Islamist and secular factions, which shows that the particular ideology in the political theatre did not succeed in disciplining this trend, but instead channelled it one way or another. -islamtoday.net

Secret marriage through phone invalid

Question

I am going through a depression. I want to ask; I got married on the phone without witnesses and without my guardian's consent. There was only the offer and acceptance on the phone, and no one heard it except us, and we agreed that it would be a secret. I know that such marriage is not valid. Then, one day, we had a fight, and he told my mom about the marriage, but I denied it. Then I contacted him after some time, but it was difficult for me to contact him, so there was no more contact. The, one day, I saw him in a mall, and I lied to him and told him that I had gotten married to another person, and he said, "Ok." After some time, my father married me to someone else, and I was living with him, but then he gave me a divorce, and now I am in the waiting period. Now I want to marry a third person, but someone told me about your website; that you say that an invalid marriage must be annuled by a divorce, so I am confused, and that is why I am asking about this. Can you please guide me? Can I get married with the third person once my waiting period is over?

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.

Marriage is only valid if it fulfills the conditions that the scholars of Fiqh have clarified; the most important of which is the consent of the guardian and the presence of two witnesses.  

So the marriage, according to what you mentioned, did not take place between you and that man, as this is not a marriage at all; rather, it is a kind of play. 

It is not befitting to conduct a marriage in that manner because marriage is a religious rite and Allah described it as a solemn covenant; Allah says (what means): {And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?} [Quran 4:21] 

Therefore, you should know that after what happened, you are considered unmarried, and there is no harm for you to get married again; that goes for the marriage that really took place and after which divorce happened and also for the marriage that you intend to enter into now. 

Allah knows best. 

-islamweb.net

Forgetting to clean mouth & nose while performing ghusl

Question

Is a person's ghusl valid if he forgets to wash out his mouth and nose? If not, what should he do if he forgets? Must he perform his ghusl over again?

Answer

Rinsing the mouth (madmadah) and cleaning the nose by inhaling and exhaling water (istinshâq) are obligatory acts for both wudû’ and ghusl. This is because washing the face is obligatory in both wudû’ and ghusl and these acts constitute part of the washing of the face. 

This is the position of Ahmad b. Hanbal and the official ruling of the Hanbalî school of thought. A number other scholars have adopted this opinion as well. This is the strongest opinion. 

However, there are other scholarly opinions on this matter. 

It has been related from Ahmad b. Hanbal that cleaning the nose by inhaling and exhaling water (istinshâq) is obligatory but rinsing the mouth (madmadah) is not. 

A third opinion held by scholars is that both of these acts are obligatory in ghusl but neither are obligatory for wudû’. 

Another opinion is that neither of these acts are ever obligatory; rather they are Sunnah practices for both wudû’ and ghusl. This is the ruling adopted by the Shâfi`î and Mâlikî schools of law. 

It is not necessary for a person who forgets to clean his mouth and nose to perform the ghusl over again. It would be enough for him to simply rinse the mouth and nose. This is because it is not required while performing ghusl to carry out all of its actions in a particular sequence or without interruption, as long as this ghusl is being performed as purification from janâbah. 

And Allah knows best.

-islamtoday.net

Wife may not ask husband to divorce co-wife

Question

Assalaamualaikum. I have been married to my husband for almost 26 years and we have 3 children. My husband married another woman in secret, almost 4 years ago, and they have a child. My husband actually cannot afford to spend on more than one wife. I am paying for the house and other expenses, like the children's education, and so on. He also does not provide to the other wife as he cannot afford to do so. He can also not be fair in terms of the time that he spends with my children. Sometimes, the children would only see him about 10 minutes in a day. His second wife has been asking for a divorce because she says that she does not love him and due to his inability to provide for her and her child. My husband has been reluctant to do this. Can I ask my husband to divorce the second wife since he does not fulfill the conditions to practice polygamy, which are: 1. the ability to provide for his wives, and 2. the ability of being fair in time allocation to the families.

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.

It has been prohibited in the authentic Sunnah from the Prophet  for a wife to ask her husband to divorce her co-wife. 

Also, the fact that your husband does not spend on his second wife is not a sound reason for you to ask him to divorce her; this matter concerns his second wife; she may ask for her right on him to spend on her, she may take her matter to an Islamic court, or she may be patient with him. 

Your husband should be advised in a gentle manner, and it should be explained to him that he must do what he has been commanded to do by the Sharee'ah: to spend on his wives, and to be just between them. 

Tameem Ad-Daari  narrated that the Prophet  said, "The religion is advice." They said, "For whom?" He replied, "For Allah, His Book, His Messenger, and for the leaders of the Muslims and their masses." [Muslim]

Allah knows best.

-islamweb.net

She is asking about gathering her hair together under the hijab

QUESTION :

Please can you explain the Hadith about the women in hell you have hair gathered at the tops of their heads LEANING TO ONE SIDE. This site has told me that it is impermissible to wear a bun beneath the hijab as it shows the size of the hair however when hair is wrapped in a bun you can't tell how long it is because you are wrapping it around. To clarify I am not referring to the huge buns some women and are now donning I am just referring to a bun at the back of the head not at the name but below the crown. Is this permissible and if not please state why? Also in a previous fatwa you have said 'if it is at the nape of the neck, for example, then there is nothing wrong with it, unless the woman is going out to the marketplace, in which case this is a kind of tabarruj because it can be noticed through the abayah, so this comes under the heading of tabarruj and is a means of fitnah, so it is not allowed' does this mean that a women's head at the back must be completely flat ? Please state evidence, it is important to note that a bun also holds up the khimar from draping over the back. if it is haram it is something I am ready to accept but I am not currently convinced as the Hadith has not been explained and the bun is not at the top of the head nor leaning to 1 side

ANSWER :

Praise be to Allah

There is nothing wrong with a woman gathering her hair beneath the hijab in a manner that will prevent it from spreading, if she thinks this is more appropriate and safer. Gathering the hair in a bun is not haraam in and of itself, and there is no specific prohibition narrated concerning that, praise be to Allah, because issues of clothing, traditions and adornment are basically permissible, so as to make things easy for people and to spare them hardship and difficulty. This is one of the most important principles that make Islam appropriate for every time and place, and avoid causing hardship to the followers of this great religion. 

Rather what is prohibited, is gathering the hair in the shape of a camel’s hump, and it is obvious that this refers to a remarkably large formation that makes the head appear visibly bigger and attracts attention, and that would lead people, on the basis of their customs and traditions, to think that there is something very dubious about the way this woman looks because of the manner in which she has done her hair. It is in this manner that the scholars explained this hadith when talking about enlargement or going to great lengths to make the hair appear bigger by adding other material such as cloth and the like, that makes the woman’s head look like the hump of a camel. 

It was narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “There are two types of the people of Hell whom I have not seen, men with whips like the tails of cattle with which they strike the people, and women who are clothed yet naked, mumeelaat maa’ilaat walking with an enticing gait (or turning away from righteousness and leading others astray) with their heads like the humps of camels leaning to one side. They will not enter Paradise nor smell its fragrance, and its fragrance may be detected from such and such a distance.” 

Imam al-Maaziri (may Allah have mercy on him) said: What this means is that they will enlarge their heads with cloth and head wraps so that they will resemble the humps of camels.

End quote from al-Mu‘allim bi Fawaa’id Muslim (3/361) 

Ibn Hubayrah (may Allah have mercy on him) said:

Perhaps this refers to when women will attach to their hair other hair that has been cut from the heads of other people, so as to enlarge their heads.. 

End quote from al-Ifsaah (8/119) 

Ibn al-Jawzi (may Allah have mercy on him) said: 

Concerning the words “with their heads like the humps of camels” there are two views: 

One is that they will enlarge their heads by means of what they will attach to them of hair and by using head wraps, so that they will resemble the humps of camels because they will be so high. 

The second view is that it is a metaphor, meaning they will look up at men and not lower their gaze, or they will not tilt their heads downwards. 

End quote from Kashf al-Mushkil min Hadith as-Saheehayn (3/568).

Ibn al-Atheer (may Allah have mercy on him) said: 

They are the ones who put wrappers around their heads in order to make them bigger; this is a symbol of female singers.

End quote from an-Nihaayah fi Ghareeb al-Hadith wa’l-Athar (2/409) 

Imam an-Nawawi (may Allah have mercy on him) said: 

What is meant by the words “with their heads like the humps of camels” is that they will make them bigger and enlarge them by wrapping a headcover, headband or the like around them.

End quote from Sharh Muslim (14/110). 

Shaykh Ibn Baaz (may Allah have mercy on him) said: 

Because these women will enlarge their heads by means of what they put on them, they will resemble the humps of camels.

End quote from Majmoo‘ Fataawa Ibn Baaz (6/356) 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

What is meant is that one of them will make herself look like that, piling up her hair on top of her head, so that it will lean to the right or the left, like the hump of a camel. The word bakht, translated here as camel, refers to a type of camel that is known for having a large hump which leans to one side or another. To sum up, these women will do that which will lead to fitnah for themselves or others.

End quote from Fataawa Noor ‘ala ad-Darb by al-‘Uthaymeen (6/2). 

This is what is disallowed and prohibited, namely enlarging the head vertically by adding something and clearly going out of one’s way to achieve that shape. Islam has protected women from attracting the attention of evil people, and it protects their beauty and modesty so that it is only to be uncovered in front of her womenfolk, husband or close family members only. As for a woman adopting hairstyles that enlarge the head under the hijab, thinking that she is doing nothing wrong, this is an obvious mistake and this is what we are calling to be corrected. 

Therefore we hope that the previous fatwa did not have too much impact on righteous women, to the point that they fell prey to waswaas (insinuating whispers from the Shaytaan) and went to extremes in limiting the types of hairstyle they can have, and started sending us questions about every type of hairstyle, because our aim is to set out general guidelines and show the wisdom behind them, for they may all be understood from the wording of the hadith, “like the humps of camels leaning to one side”, which requires a great deal of effort and exaggeration to make that shape on top of the head. As for a woman combing her hair in a regular manner, and collecting it at the back of her head so that it will not be scattered or fall down her back, this is not included in the hadith and there is nothing wrong with it, so long as it is not a shape that attracts attention by appearing from beneath the headcover or abayah. 

Shaykh Ibn Baaz (may Allah have mercy on him) was asked: Some women gather their hair at the back of the head; is this what is prohibited in the hadith of the Messenger (blessings and peace of Allah be upon him)? 

He replied: 

No. In the hadith of the Messenger it says: “like the humps of camels leaning to one side”, which refers to gathering things on their heads to enlarge them and make them big. As for this ordinary gathering of the hair, it does not come under the same heading and is not what the Messenger (blessings and peace of Allah be upon him) meant.… 

As for what is mentioned in the hadith, “like the humps of camels leaning to one side”, this refers to gathering things on the head such as cloth so that it looks like the humps of camels leaning to one side. The humps of the bakht camels look like two humps with something in between them. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

Gathering the hair on the head so that it looks like a camel’s hump is something blameworthy according to Islamic teaching.… It is not permissible to pile up the hair on top of the head. 

On the other hand, if we assume that this gathering the hair at the back of the head refers to what is known as wearing the hair in a bun, there is no harm in that, because with regard to wiping over the hair (in wudoo’), it is not essential for the water to reach the skin of the scalp; rather it is sufficient to wipe over the surface of the hair, whether it is gathered or left loose. 

End quote from Fataawa Noor ‘ala ad-Darb by al-‘Uthaymeen (22/2).

Even though he was speaking about wiping over the hair, it may be understood as meaning that there is nothing wrong with that hairstyle (i.e., wearing the hair in a bun).

Conclusion: there is nothing wrong with a woman gathering her hair under the hijab at the back of her head, without going out of one’s way to enlarge it or make it big. The fatwa that speaks about gathering the hair on top of the head and putting a great deal  of effort into raising it and giving it a big shape in such a way that it attracts attention. 

And Allah knows best.

-islamqa.info

Authorizing wife to divorce herself does not cancel husband's right to divorce her

Question

Assalaamualaikum. We got married in the presence of two witnesses only, without a legal guardian and judge. The ceremony was done in the presence of witnesses along with the decided bridal gift. After some months, my husband gave me a first divorce in a message, but we later came back to each other. Soon after that, my husband started saying that from then on, he had given the right of divorce to me and that I would be the one who would have the right to issue a divorce. I always maintained that I did not have that right. Now, after nearly one-and-a-half years, we had a terrible fight, and I asked my husband to divorce me. As usual, he said that I had the right to give it if I wanted it and that I am free to pronounce it. I again said that I did not have that right and that only he can give me a divorce and that he has to free me. We had arguments, which resulted in me saying, "Fine, I have the right, so I am giving you Talaaq (divorce)." We again returned to each other a month later. Fighting on the same issue, my husband said that he was giving me Talaaq while we were on the phone. Later, some hours ago, he called me to make me understand that the divorce did not take place because he does not have the right to do it, so instead I have to say it. I told him that I do not have the right and that he is the one who has it and that he had pronounced it. He maintained that he does not have the right to pronounce it and that I do. I again said that I do not have the right to divorce him but that for him I was saying that I was divorcing him but that I nevertheless did not have that right. We have both made this situation very critical and do not know what to do; we need your guidance. Any advice in this regard will be appreciated.

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.

The valid marriage contract has conditions that must be fulfilled for it to be valid Among the most important of these conditions are the Wali (bride's guardian) and the two witnesses. The most preponderant opinion of the scholars is that if the marriage was concluded without the Wali, then it is void. This is the view of the majority of the scholars, contrary to the view of Abu Haneefah. Hence, if this marriage contract was conducted according to the School of Abu Haneefah or a Muslim judge ruled that it is valid, then it is effective (i.e. valid). 

On the other hand, the husband is entitled to put the matter of divorce in the hands of his wife, and if she chooses divorce, then it becomes effective. But the saying of the wife, "I am giving you Talaaq," in the present tense, is not an explicit wording of divorce; rather, it is one of its metaphors, and divorce is not effective except accompanied by its intention or if this is the customary wording of (immediate) divorce where you live. 

Empowering the wife to divorce herself does not cancel the right of the husband to divorce her, meaning that he also has the right to divorce. 

Shaykh Sayyid Saabiq  said in Fiqh As-Sunnah, “Divorce is one of the rights of the husband; he may divorce his wife himself; he may empower her to divorce herself; and he may authorize someone else to do it. But empowering his wife or entrusting someone else to divorce her does not cancel his right and does not prevent him from using it whenever he wishes...”

Your husband's words, "I am giving you Talaaq" in the present tense is the same as your statement; i.e. it does not take effect unless accompanied by the intention or if this is the customary wording of divorce where you live. 

As you see, there is a difference of opinion about some of the issues that we have discussed, in addition to the need to know the intention that each of you had when saying the metaphor of divorce. Therefore, in our view, it is better to orally ask a trustworthy scholar in your country or take the matter to an Islamic court. 

Allah knows best. 

-islamweb.net