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Intention / thought of divorce.

Answered as per Hanafi Fiqh by DarulUloomTT.net

Q. 1) Could a divorce happen if someone says ‘Stop’, and having the intention in mind which is to Stop the Nikkah?

2) If one has the intention/thought of divorce and verbally says ‘Ameen’ to it, would that count as divorce? Nothing else is uttered.

3) If one has the intention/thought of divorce and verbally says ‘Aslaam-u-Alaikum Wa Rahmatulla Wabaraka tu’, to it, would that count as a divorce? Nothing else is uttered.


A. 1) If one is married already and he said ‘stop’ then it will not bring about divorce, even though he had an intention in the mind. However, if one’s nikah is taking place and during the course of it he says ‘stop’ then the Nikah would immediately stop and it cannot continue.

2) Saying ‘Ameen’ to a thought or intention of divorce will not count as a divorce.

3) Similarly, saying the salaams upon the intention of the thought of divorce will not bring about a divorce.

And Allah knows best.

Mufti Waseem Khan

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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