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If one argues with wife on numerous occasions and in anger he says “if u are not happy, then why dont u get divorce”

Answered according to Hanafi Fiqh by Askimam.org

my wife always answers in anger and says “if u want divorce go speak to your parents about it” she never says she wants divorce, and after we always make up after few hours and apologise. are we still married or has any form of divorce taken place. please quote references. Jazakallah.

Answer

The discussion of divorce, promising a divorce, threating to divorce, etc. does not constitute a divorce. Thus, the statement of both, husband and wife as described by yourself does not constitute a divorce.

It is advisable that one should not utter any such statement which may imply divorce. The matter of divorce is serious one and one must consider and ponder about the divorce seriously. Divorce is only issued by the husband. (Shaami vol.3 pg.230; HM Saeed)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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