Question:
If the husband did not make Intention of Talaaq when saying if you go to your parents house our marriage is over then will Talaaq take place?
Answer:
According to the South African Urf, “Our marriage is over” is Kinaayah for Talaaq; therefore if the husband did not intend Talaaq, then it will not be effective. However, if he did intend Talaaq then it will be according to the first answer sent to you.
And Allah Ta’ala knows best
Ilyaas bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
01 April 2004
10 Safar 1425
This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.