Darul Iftaa Mahmudiyyah

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.

· 3 Shaʻban 1431 AH1 min readFatwa 18812English

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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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/18812
Fatawa SA: https://fatawa.co.za/fatwa/askimam-18812

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