Mufti Online — Madrasah Ta'leemuddeen

Telling witnesses prior to issuing the talaaq that he does not intend giving talaaq

· 26 Muharram 1447 AH1 min readEnglish

Question

I’d like to know if the following fatwa is authentic which I found on a Hanafi website.

“If a person holds two persons as witness, before saying these words, that he does not intend issuing talaaq and he is only saying these words on his wife's persistence, then talaaq will not be effective.”

Answer

If he verbally issues the talaaq, the talaaq will take place, even though he told the two witnesses prior to issuing the talaaq that he does not intend giving her the talaaq.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/36000
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36000

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