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Using Word Haraam and Divorce

Answered according to Hanafi Fiqh by Askmufti.co.za

Q: If a husband said to his wife thrice that you are now haraam on me will talaaq (divorce) take place or not?

A: Words such as ‘you are haram’, are termed ‘Kinaayah’ in Shari’ah and will only constitute Talaaq (divorce) if said with an intention of Talaaq; otherwise not. If the husband did not intend Talaaq at the time of uttering this statement, Talaaq will not take place. He has to honestly say whether he intended Talaaq by these statements or not. If he did intend talaaq when he said “you are haraam on me”, then only one talaaq has occurred, even though he said it thrice

And Allah Knows best.

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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