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The Husband Said I Am Considering Giving You a Divorce

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Naieem Mohammad

Question:

The husband says, “I am considering giving you a divorce.” The wife replies, “Does that mean you’ve given me one?” The husband answers, “Yes.”

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

The above incident is a very simple conversation with a serious impact. Islam considers the meanings of the words uttered by the human being as long as a clear and real meaning can be understood or benefitted from it. The literal meaning of all speech is initially considered in the shariah[1] and if a literal meaning is not possible or beneficial, then a metaphorical meaning is attributed to it.[2] In this incident, the literal meanings will be taken into account and not any metaphorical possibility.

It is absolutely clear that the wife had asked if the husband had given her a Talaq. Her question was a response to the earlier statement of the husband and his reply to her question was confirmation that Talaq was given. His reply of “yes” will be enough to confirm a Talaq. All statements will be considered as connected and not separate.[3]

One Talaq Raji’ (revocable) will be considered in this case.

Only Allah knows best

Written by Maulana Naieem Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1]Qawaaid ul Fiqhiyyah, pg 64,#45

[2]Qawaaid ul Fiqhiyyah, pg 66,#46

[3]Qawaaid ul Fiqhuyyah, pg 69,#50

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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