Husband retracting from his confession of divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: During a quarrel with one’s wife, the husband said to his wife “We have no relationship” without the intention of divorce.

When the wife asked the husband what was his intention, the husband got angry and said that he had the intention of divorce but after some time later he said that he had no intention of divorce. He really said it without the intention of divorce.

My question is, the husband had no intention of divorce but he just said that he had the intention of divorce (he spoke a lie) so will divorce take place? 

Bismillaah

A: If he said these words with the intention of divorce, then divorce has taken place. However, if he confessed that he intended divorce at the time of uttering the statements but thereafter retracted from his confession and said he had lied, then he should be believed and no divorce will take place.

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

ولو أقر بالطلاق كاذبا أو هازلا وقع قضاء لا ديانة (رد المحتار 3/236)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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