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Marriage Argument

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalaamualaikum,

A couple days ago I had an argument with my wife about divorce. The conversation started with me saying "I think we need to have a discussion, we need to think about divorce." Then we continued to argue back and forth. I also said "we aren't working out, we had a nice run, but now we have to think about this seriously" or some words along the lines of that. I was just talking about the state of our marriage and how it's been. My wife was telling me to stop. I told her I wasn't going to put up with her behavior anymore and her disrespect towards me. I never had any intention of divorce at this time. I was just telling her I was done with her behavior. Later the argument cooled down and that was it. 

My question is do any of the statements I mentioned during the argument constitute divorce? I know that intention in these statements is what matters but I also read somewhere that divorce is also determined by the circumstance one Is in, and if the conversation is about divorce then the intention will not matter, unless the husband is adamant and 100 percent sure there was no intention. I am a bit confused. Could you please help? JazakAllah Khair.

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Divorce will not happen through any of the statements you have written in the question. Write down the other sentences you have spoken and ask for the relevant ruling. 

فقط واللہ اعلم واتم

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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