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Husband asking the wife to leave

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My sister has been in an emotionally and verbally abusive relationship for the past 7 years. Her husband recently asked her to leave and wants nothing to do with her. She left with her 3 children. Now he refuses to give her talaq out of spite and wanting to maintain control of her. Does the fact that he asked her to leave constitute a valid talaaq?

Bismillaah

A: If he had intentions to divorce then this will constitute divorce.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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