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Am I Divorced?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My sister and brother in laws abuse me very badly so I told my husband that I won’t cook food for them. Then my husband said that if you won’t cook food for them then I have also one condition that you have to leave your mother forever and never talk to her otherwise our relationship is over. On this condition I decided to go to my parents home then my husband stopped me by saying that do whatever you want but don’t go. Then we started living as husband and wife but again he started forcing me to cook food for them and the argument continued but one night on 6 October 2016, I told my husband that why are you always forcing me to cook food for them as I have told you that I won’t cook. Than my husband said that I have also told you that leave your mother otherwise our relationship is over talaak. Since then I am living with my parents. My husband says that come back I have not given you a talaak. Please tell me whether I am divorced or not?

Bismillaah

A: When the husband said that our relationship is over and he intended divorce, and you had gone against him by going over to your mother’s place then obviously the divorce has fallen.

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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