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Regarding divorce

Question:

Salams, I have a tricky question. The husband asks wife: “Would you like to split up.” The wife says: “No, but if that's what you want then…” (As in no but if you want to then yes). The husband asks again and says: “Would you like to split up, be clear!” The wife says no. Does this count as talaq? Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful

No, this will not count as a talaq because it was a mere question, and Islamically a divorce cannot be issued by means of a question.

Fatawa Hindiya: v. 1, p. 348 (Darul Fikr)

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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