Wife and husband had a fight. Wife asked Divorce. Husband said "I will give you divorce". Please let me know if one divorce has taken place by this statement. Or this constitutes to permanent divorce.
Question
Wife and husband had a fight. Wife asked Divorce. Husband said "I will give you divorce". Please let me know if one divorce has taken place by this statement. Or this constitutes to permanent divorce.
Answer
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
The statement of the husband in English “I will give you divorce” will not constitute a divorce as that is a promise to divorce. It is not the actual divorce giving of divorce. Hence no divorce has taken place.
(Imdādul Ahkām Pg. 387, Vol. 2 Darulūm Karachi)
(Raddul muhtār Pg. 248, Vol.3 HM Saīd)[1]
(Ahsanul Fatāwa Pg. 148, Vol. 5, HM Saīd)
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Muhammed Sindhi,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā
References (Arabic / Urdu sources)
و كذا المضارع اذا غلب فى الحال مثل اطلقك كما فى البحر (رد المحتار كتاب الطلاق ، مطلب ((سن بوش )) يقع به الرجعي [1]
- Answered by
- Ml. Muhammed Sindhi
- Checked & approved by
- Mufti Ebrahim Desai
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