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‘HAVE TO DIVORCE’ WILL THIS AFFECT THE MARRIAGE.

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

As Salaam Alaikum,

1) Will a man’s statement “have to  divorce” constitute as divorce?
2) Will the statement above constitute as divorce if spoken with  intention of divorce?

Answer:

Wa Alaikum As Salaam,

  1. The statement ‘have to divorce’ speaks about that which is yet to take place in the future when aperson says to his wife, ‘I have to divorce you’, he is actually saying to her, ‘I have got to divorce you, but have not done it as yet.’ As such, divorce cannot occur with these words.
  2. Even if it is spoken with the intention of divorce, the divorce will not take place.

And Allah Knows best

Mufti Waseem Khan

21/2/2018

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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