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Can Constant Arguments and Threats of Leaving be Considered Talaq?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have read all the questions and answers on this website relating to talaak and Fasakh and the common factor is Intention. My question is, the husband must have intention when pronouncing divorce. What if the husband and wife constantly argue and the husband always tells the wife “I want you out of this house” “leave and never come pack” “I’m taking you back to your parents” “don’t come back to this house”. Can this be understood as a talaaq? How many times must/can a wife be told these words? Or should she just ignore them simply because the husband did not intend to pronounce divorce?

Bismillaah

A: At the time of uttering these words if the husband intended talaaq, talaaq-e-baain will take place. If the husband did not intend talaaq, no talaaq will take place.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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