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Wanting Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: My husband issued 1 talaq (divorce) about a year and a half ago. We reconciled 6 months ago. We have argued and fought since getting back together. He tried to physically throw me out of the house. He has said that he wants a talaq on numerous occasions. Will this be considered our 2nd talaq, and what should I do from this point?

A. According to your account of events the reconcilement took place after your Iddat period terminated. We hope that you made another Nikah when reconciling, because by then the first Nikah has ended. “Wanting Talaaq” and the issuing of Talaaq are two different things. Merely ‘Wanting a Talaaq’ (or ‘asking for a talaaq’) does not constitute a Talaaq. Talaaq will take place when the husband issues it by uttering words that represent talaaq.

You should get the elders of both families involved, or your local Ulama to assist in sorting out your differences. From your side, make a strong effort not to provoke the husband into such bad behaviour that he has to physically abuse you. Try your utmost to pacify him, even if it means eating humble pie and conceding to his lawful demands.

Mufti Siraj Desai

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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