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This constitute divorce? If a person divorce his wife just in his mind (Thoughts) will this divorce have any legal status. The thought come in his mind “If he is a lier his wife will be divorce”.

Answered as per Hanafi Fiqh by Askimam.org

1) If a person divorce his wife just in his mind (Thoughts) will this divorce have any legal status. The thought come in his mind ?If he is a lier his wife will be divorce?. Even he do not have any intention to think about it. This thought suddenly comes in his mind. He do not know from where and how this thought comes in his mind. He never intend to divorce his wife and HE NERVER SAID ANY WORDS OF DIVORCE AND HE NEVER SAY THIS WORD ?IF I AM A LIER YOU ARE DIVORCE?. Infect he never uttered any words of divorce and he never move his toung. Will the divorce is applicable. Is his wife divorce one time? Even he did not say any word of divorce? ?. 2) If wife said to husband ?I want to do this thing? and husbend says that ?Ok if you want to do this thing you are free to do so. Will this constitute divorce? Saying ?you are free to do this? constitute divorce also. Husband intention is just to advise not divorce.

Answer

1. The thought of divorce does not constitute divorce. Divorce takes place only if one verbally utters divorce.

2. If you did not intend divorce with the statement, ??you are free to do so? then that does not constitute divorce.

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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