Fatwa: # 18812
Category: Divorce
Country: United Kingdom
Date: 15th July 2010

Title

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



  و كذا المضارع اذا غلب فى الحال مثل اطلقك كما فى البحر (رد المحتار كتاب الطلاق ، مطلب ((سن بوش )) يقع به الرجعي [1]

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