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Do these phrases constitute divorce?

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Ustadha Siddiqa al-Farsiyyah​

Question:

Assalamu Alaikum Wa Rahmatullah

Salam, this is urgent. Do any of these phrases said by my husband issue a divorce?

1.) We should get a divorce

2.) Let’s get a divorce

3.) Do you want me to take you to your parent’s house?

4.) It’s done (he was simply narrating about a past situation and was not angry and didn’t intend divorce at this time)

5.) It’s divorce (again, he was simply narrating about a past situation and was not angry and didn’t intend divorce at this time)


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh

The phrases you’ve mentioned do not constitute a divorce.[1]

Only Allah Ta’ala knows best

Written by Ustadha Siddiqa al-Farsiyyah

Darul Ilm Birmingham


[1] Imām Marghīnānī, Al-Hidāyah (Lahore: al-Misbah) volume 2 pg. 374.

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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