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I ask for a divorce, then my husband ask for a divorce does this count as twice?

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

I ask for a divorce, then my husband ask for a divorce does this count as twice. If I want a divorce for the third time do I have to wait for 3 menses to pass still or can I leave immediately.


Answer:

As Salaamu Alaikum,

If you had ask for a divorce, and your husband had also ask for a divorce from you, then no divorce will take place since this is only a request for divorce. The divorce will occur when he utters divorce to you by saying that he has divorced you, or has consented to divorce you by signing a paper (as in the court divorce). When this happens, only one divorce will occur.

If he gives you one divorce, then you will go through a waiting period of 3 menses, after which you will leave (if he did not revoke the divorce in the case of a revocable divorce, or remarry you in the case of an irrevocable divorce).

You should not ask for a third divorce. If both of you do not wish to live together, then you should separate from each other when the waiting period (of 3 menses) comes to an end.

And Allah knows best,
Mufti Waseem Khan

25/10/2012

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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