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Spouses separating through divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: What are the conditions for divorcing the wife? What if the husband accidentally tells his wife to live on her own from tomorrow?

Bismillaah

A:

1. If the spouses feel that they cannot continue with the nikaah and will not be able to fulfil their marital obligations and responsibilities they owe to each other, then it will be permissible for them to separate through divorce.

2. If he did not intend talaaq, talaaq will not take place.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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