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Fatwa #384566 August 2017Australia

The husband gives talaq to his wife and specified a place in his statement

Answered by Mehrazur RahmanChecked by Mufti Ebrahim Desai

Question

I said to my wife on my way home during a fight on phone that I give you divorce when i come over there and then you would come to know.

The intention was not to give divorce.

Does this constitute talaq or is that a promise?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your question is not clear. Kindly answer the following:

1)    What was the exact statement? Did you make the statement in English or any other language? If so, state what exactly you said in that language.

2)    You state that you said “I give you divorce”. You then said, your intention was not of divorce. Can you explain the contradiction?

3)    You ensure whether the statement is a promise. If you believe it was a promise, why do you believe it to be? What did you really intend?  

And Allah Ta‘āla Knows Best

Mehrazur Rahman

Student Darul Iftaa 

Brooklyn, NY, USA

Checked and Approved by,
Mufti Ebrahim Desai.

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