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Husband saying “go away” with the intention of divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a husband says to his wife get away from me or says pi** o** and says divorce from inside. Is the divorce valid? Some say that if divorce is not said out loud, it is not valid. 

Bismillaah

A: When he said “Go away” and he intended divorce then the divorce is valid.

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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