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Do these phrases constitute divorce?

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Ustadha Sabrina al-Faarsiyyah​


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 Sabrina al-Faarsiyyah


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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