Home » Hanafi Fiqh » Muftisays.com » Is the husband’s aggressive questioning and mention of divorce considered a discussion of talaaq?

Is the husband’s aggressive questioning and mention of divorce considered a discussion of talaaq?

Answered as per Hanafi Fiqh by Muftisays.com
A womans husbands calls her while he is very upset and aggressive. He asks the wife what are her intentions – whether she wanted a separation or whether she wanted this marriage to end. He said he wanted to know because he wanted to go on with his life. The wife did not answer him. He then got angry and started swearing at her. At this moment he mentioned the following words: You stay at your parents house for ever. This marriage is over.
Kindly comment on the above situation.
Can the above situation be defined as a discussion of talaaq – Muzakaraatut Talaaq? If yes what are the implications of this. What is the status of the nikah in the above scenario?

Answer
Bismillah

Al-Jawab Billahi At-Taufeeq (the answer with Allah’s guidance)

The above discussion can not be regarded as Muzaakaratut Talaaq (Fatawa Darul Uloom, Vol. 9 Pg. 445/446). Therefore, if the husband intended Talaaq then one Talaaq-e-Baain (irrevocable divorce) will occur.

And Only Allah Ta`ala Knows Best.

————————————–
Moulana Qamruz Zaman
London, UK

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

Read answers with similar topics: