Handing over the right to issue divorce to the wife

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: During a heated argument with my wife if I told her she has the option of staying with me or to leave me (divorce me) and she said “Ok I will leave or Ok I want separation” but at the same time I told her “I will not divorce you” due to hardship reasons. Then is this the same thing as giving her the authority to divorce herself as I was giving her a choice?

She is not happy, so I insisted she talk to her parents about sending her a plane ticket back home but I told her “I will not divorce you”, so does this count as a divorce on her part, as I did not intend to divorce her but rather give her the option to seek divorce?


A: If you had no intentions to divorce and you did not have the intention that she could divorce herself then the divorce will not take place.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)