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Implicit Divorce.

Answered as per Hanafi Fiqh by Seekersguidance.org

Answered by Ustadh Salman Younas

Question: Assalam aleykum

I married a woman 1.5 years ago and later found out she could not have sexual intercourse because of medical reasons. She refuses to get treatment. Whenever I try to bring up the topic of divorce, she emotionally blackmails me. I have told her «I want a divorce» several times. Does this count as an implicit divorce? Or do I have to say «I divorce you» directly?

Answer: assalamu alaykum

The statement “I want a divorce” does not constitute a divorce. However, saying “I divorce you” once would entail one revocable divorce (i.e. you may reestablish the marriage during the waiting period without a new contract).

Please note that I am not advising you in this answer on whether you should actually divorce your spouse or not. This is something you will have to decide on your own after consulting people you trust and consulting those who know your situation better and can provide sound advice. I would recommend performing the istikhara prayer, as well, and asking God to make things easy for both you and your spouse.

[Ustadh] Salman Younas

Checked and approved by Shaykh Faraz Rabbani

Ustadh Salman Younas  graduated from Stony Brook University with a degree in Political Science and Religious Studies. After studying the Islamic sciences online and with local scholars in New York, Ustadh Salman moved to Amman where he spent five years studying Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. He is currently a PhD candidate at the University of Oxford and continues his traditional studies with scholars in the United Kingdom.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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