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Is the act of threatening to give a divorce considered a talaq?

Answered as per Hanafi Fiqh by Muftisays.com
Dear Mufti Saheb,

Assalamu alaikum warah

Am in a very critical situaltion now.. Please help me and reply me @ the earliest,

My wife stays with her mom as we did secret marraige. She didnt pick up my call when I called her so I was angry and waited for her call. She called me and said she was not well so she went to hospital. I asked her why cant you just inform me, This talk went on and suddenly I got angry and said I dont like to live with you. If you wish I will give dash (Never uttered the word) so that you can go away. she did fight for some time and after some time even she said okay… give and go off…

Then I said tell me if is it confirm, Shall I give off she said yes give off… I said Ok I ll message you on this and hung up the call.

Then I was totally upset and sat for a while. At that time one heart was saying give her one (never uttered the word) so that she realise. Another heart said no please dont do that, because Allah never like that

for this another heart said No! Allah please forgive me I got to give her!! only then she will come in control (Even now I never uttered the word)

after this I accessed your site and went through all fatwas to get answer, However nothing satisfied me or I dont get exact answer which fits my issue. So please reply me at the earliest.

* Is this act considered one Talaq is given
* Is this act considered two Talaq is given
*Is she she still in my Nikah
*Do I have to perform Nikah again

Please reply at the earliest.


Mohammed Huzaifa


Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

The statement made by you (i.e. I don’t like to live with you) is both an allusive statement and also attributed to the future. Hence, divorce is not effected even if you did intend divorce.

Any divorce that takes place in future will not be effected. Only divorce that are uttered in the past and present will take place.

Also, Thinking about divorce or contemplating issuing a divorce to one’s wife does not constitute a divorce, as long as one does not actually issue a divorce verbally or in writing.

Prophet (Sallallahu Alaihi Wasallam) said,”Indeed Allah forgives all that they thought in their hearts as long as they do not utter it or act upon it.” (Muslim)

Therefore, your marriage is still intact and divorce has not taken place.

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.

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