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Talking to one’s wife about divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Please advise if any of these situations constitute a talaq.

1. Telling my wife that we should get divorced. 

2. Telling her all the reasons why I want to get divorced in a state of anger, not intending to give a talaq at that point but planning to do so at a later stage

3. Saying “I’ve already decided” after being told by my wife to decide what I want to do before discussing it with her parents. This was in reference to the terms which I wanted to stipulate in writing before giving a talaq, particularly with regard to my visitation rights with the children. However, we did not go ahead with this and I did not give a talaq.

4. Saying “I’m sick and tired of your s***” in a state of anger (again as a reason as to why I want to divorce her).

Please note that I always suffer from doubts regarding my intentions after an argument with my wife even though I am very cautious of making sure that I don’t issue a talaq at the point when any of those words are spoken. I am a bit confused but I’m not sure if I’m claiming that I’m confused just to try and save my marriage and this creates more doubt because I feel that maybe I’m being hypocritical.

Bismillaah

A:

1. No.

2. No.

3. No.

4. No.

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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