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Husband said the sentence “I want to divorce you” during a confrontation.

Answered as per Hanafi Fiqh by ShariahBoard.org

I am a resident of Chicago. I have been marrried with my wife for almost 6 years now. We have one child. Last year during a confrontation, which has been going between the two of us for a long time,  my wife kept on saying that she is going to leave me, and in rage I said the following sentence:

 “I want to divorce you.”

 

we again had a huge fight between the two of us, during which I uttered the word ‘Tallaq’ twice.

Now my wife thinks that she has been divorced, although she is not sure about it either. What do the scholars of Islam say about the matter defined above.

الجواب وبالله التوفيق

 

Respected Brother in Islam,

As-Salam ‘Alaykum Warahmatullah Wabarakatuh,

In the above mentioned situation, by saying ‘I want to divorce you’, a divorce doesn’t take place. However by uttering the word ‘Tallaq’ twice, 2 divorces (Raj‘ai) have fallen. You can take your wife back just by saying that I take you back, or by establishing the marital relations with her.

If another divorce is issued, you will not be able to take your wife back at all unless she consummates a marriage with another man after her iddah 

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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