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Statements from husband “I SHOULD get a divorce” or “why should i wait? instead of waiting I SHOULD end marriage now” can constitute divorce?

Answered as per Hanafi Fiqh by Askimam.org

Can these statements cause divorce when said during discussion and NOT to mean/intend an actual divorce?
— Are statements from husband such as  “I SHOULD get a divorce” or “why should i wait? instead of waiting I SHOULD end marriage now” (OR… “instead of waiting I SHOULD get a divorce now”)  can constitute divorce?
— Or in URDU if he said “itna inteezar karnaay kaay bajaiyee shaadi abhee khataam kaar dainee chah-hee-yay”.
— One time during fights he said something like “sub kuch khataam hoo jayee gaa” or “everything will end”.
He said those words not meaning to execute/issue divorce at that time but rather in general discussion with friends/family while talking about marital problems.
Can these cause divorce?

Answer

All the abovementioned statements do not constitute divorce. The husband should avoid uttering such words unnecessarily.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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