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Talaq/Divorce

Answered as per Hanafi Fiqh by ShariahBoard.org

Asak Brother 

We alham-dulillah we have 3 kids. Ever since we got married, anytime we get into argument my Husband says that “I will give your Divorce” but never said I am giving you Divorce. After he clams down he is normal person and we have normal sex life.  This year my husband went to hajj and after returning he has a doubt that our marriage is not valid because of his past actions.  That’s the reason we are sleeping separately.  But I know in my heart that our marriage is valid.  Please understand our situation and provide us with the answer according to the Shariah Law.

Regarding the situation in question, if the husband uses the words “I will give you divorce.” Then by the usage of these words, according to Shari’ah, Talaq (divorce) does not take place. The relationship of Nikah (marriage) exists between the couple. There is no need for doubt and suspicion. But in the future, it is important that the word “Divorce” be used with extreme caution. Allah (swt) knows best.

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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