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Giving the wife the choice to apply for divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a husband and wife sign the following agreement “If (husband) ever hits or abuses (wife), (wife) can apply for a court divorce” The husband hits the wife after that but not hard and verbally abuses the wife but she does not want to apply for a court divorce. Does divorce take place?

Bismillaah

A: No divorce has taken 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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