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Threatening to Divorce

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Tahsin Alam

Question:

Assalamu Alaikum Wa Rahmatullah

If someone says to his wife in order to threaten her with these exact words, “if you work at that place, I guarantee you it will break our relationship”. I said it to emphasis my dislike with her working in that place and threaten her, but whether I would actually have given a divorce if she did end up working at that place, I wasn’t 100% sure.

Would it constitute a divorce if she works in that place? if it does what kind of divorce.

Also with Talaaq e Bain, is there an iddah, and do you have to wait for that iddah to remarry or can you marry immediately if you want to take the wife back?

                                                                                   

Answer:


بسم الله الرحمن الرحيم


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


بسم الله الرحمن الرحيم


  1. If you intended with those words alāq, then it will be binding if she fulfilled the condition stipulated, it will be considered one alāq bā’in.[1] If you did not intend alāq, then it is not binding.

  2. You can re-marry your wife within the ʿiddah period if you have given a alāq bā’in.[2]

 

Only Allah SWT alone knows best.

Answered by: Maulana Tahsin Alam

Checked by: Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


 

 


[1] Imam Marghīnānī, al-Hidāyah, volume 3 pg. 170.

 

 

[2]لا يوجد مانع من ذلك

 

 


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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