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Wife and husband had a fight. Wife asked Divorce. Husband said “I will give you divorce”. Please let me know if one divorce has taken place by this statement. Or this constitutes to permanent divorce.

Answered as per Hanafi Fiqh by Askimam.org

 Wife and husband had a fight. Wife asked Divorce. Husband said “I will give you divorce”. Please let me know if one divorce has taken place by this statement. Or this constitutes to permanent divorce.

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

The statement of the husband in English “I will give you divorce” will not constitute a divorce as that is a promise to divorce. It is not the actual divorce giving of divorce. Hence no divorce has taken place.

(Imdādul Ahkām Pg. 387, Vol. 2 Darulūm Karachi)
(Raddul muhtār Pg. 248, Vol.3 HM Saīd)[1]
(Ahsanul Fatāwa Pg. 148, Vol. 5, HM Saīd)

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum

Ml. Muhammed Sindhi,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah



 و كذا المضارع اذا غلب فى الحال مثل اطلقك كما فى البحر (رد المحتار كتاب الطلاق ، مطلب ((سن بوش )) يقع به الرجعي [1]

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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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