Fatwa #234807 December 2012United Kingdom
In a state of anger the husband asked his wife if she wants to go home. Whilst saying this, his thoughts were unclear regarding exactly what he meant. Does this constitute divorce?
Question
asssalamualikum
husband and wife were argueing,being angry the husbend said: "do yo want to go home?" , whilst saing this it came to his mind " dou you ant a divorce,so you can go home " or just "do you want a divorce" not really shure exactly what came to mind. and the wife said "yes" he is not sure the wife understood or not that he meant by "do yo want to go home?" because she was talking of going home before this conversation started. The husbend stopped after saying this and changed thhe direction of the coversation.
now the question is will this be a talaq or not
jakallah for you help
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If the husband asked his wife if she wants to go home and the wife responded yes to that question, that does not constitute a Talaq.
And Allah Ta’āla Knows Best
Saeed Ahmed Golaub
Jamaica
Student Darul Iftaa
Checked and Approved
Mufti Ebrahim Desai