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Does this statement constitute divorce?

Answered according to Hanafi Fiqh by DarulUloomTT.net

Good afternoon, My husband have requested my self to when I’ll be leaving our home as I have made him unhappy. Does this entitle me to divorce and do I leave with my baby as well?

Answer:

Wa Alaikumus Salaam Wa  Rahmatullah

Asking you to leave the house or asking ‘when you will be leaving’, does not constitute a divorce. Similarly, ‘making him unhappy’ also does not constitute a divorce. Therefore, in these situations, it will not be allowed for you to leave the house with or without your baby, under the impression that you are divorced. If both of you cannot live together in peace, then there is no harm in being divorced. However, for this, he will have to give you a divorce.

And Allah Knows best

Mufti Waseem Khan

06/03/2020

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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