IslamQA

Husband saying “take a divorce one time and go”

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: While having an argument a wife said I need to think about what I want in life.The husband responded; If that is the case you take a divorce one time and go. Is this talaaqul muallaq if so has the divorce fallen?

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A: One talaaq has taken place.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I had previously asked this question and received a prompt reply, JazakAllah. However I have since received additional information and would like to re-submit the query: While having an argument a wife said I need to think about what I want in life. The husband responded; Dont talk to me about seperation. If that is the case you take a divorce one time and go. The wife responded; thats not what I want. I want to make this work with you, I just need time. Has talaaq taken place?

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A: From the information you have provided now, we issue the following verdict:

If your husband intended by his statement “If that is the case you take a divorce one time” that the talaaq will take place if you are considering separation, then no talaaq has taken place since you did not consider separation.

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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