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Wife asking the husband for divorce and husband responding with “Ok, fine”

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a woman says to her husband that “okay if you don’t want to live with me than divorce me, the husband replied, “Ok, fine” … does it imply talaq? If yes, than considering the ignorance of the husband that he doesn’t know that saying this establishes talaq, still will it be considered as talaq?

Second question, if a husband says to his wife that I don’t consider you as my wife. What does it mean? Is this also considered as talaq?

Bismillaah

A: 

1. The husband has not said the words of divorce.

2. If he had intention of talaaq it will be considered.

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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