Q: I would like to find out if divorce takes place through the following: “You must go back home, I’m going to divorce you and must probably consider it done; go away from here I don’t want to stay with you; I’m tired of you, you should go away really. I don’t want to stay with you.” At that time the intention is a yes and no for divorce both in confusion. Will divorce take place or not because while the argument is on at times yes in the heart and at times no.
A: Its a difficult fo us to furnish you with a conclusive answer as with regards to your husbands statements as the context in which he made them and the intention he had at that time are critical, hence we advise you to contact any local scholar and further discuss the matter with him. However as a rule of thumb, if he had intention of divorce when making those statemente then one talaaq (irrevocable divorce) will take place. For you to once again to enter his nikah (marriage) a fresh nikah has to be made.
And Allah Knows Best
—
Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
Tel/Whatsapp: +27 83 982 6968
[email protected]
www.councilofulama.co.za
@UlamaCouncilEC