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Separation with the intention of divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If I ask my husband 3 times to separate from me, is it considered khula? I was living in a different country at the time and could not return to the original country where our nikaah was to file for separation myself. In the papers he even wrote that he is doing this on my request. This happened about 4 years ago and we would like to reconcile. Will we be able to get married again without any issue?

Bismillaah

A: If the separation was done with the intention of 3 divorces then it is 3 divorces.

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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