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Wife Issuing Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: The relationship I have with my wife has been unstable for quite some time now. A couple of weeks ago we had an argument and she came to the conclusion that she does not want to be with me anymore. She has requested a divorce and I have said that I will give her divorce at the end of the month. I have said this because at the end of the month it will be exactly 3 months since we have had any sexual contact. In the process of this I have still tried to sort our marriage out but this week we had another argument and she said talaq to me 3 times and said that it is possible that she could give me a divorce. I have only said talaq to her once though. Please let me know if this divorce has been accepted?

A: Talaaq can only be issued by the husband. The action or statement of a wife cannot constitute Talaaq. If you had issued Talaaq to her once then that one Talaaq is effective and you are now the owner of two Talaaqs.

Moulana Yusuf Laher

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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