Dr. Mufti Syed Ziauddin Naqshbandi Mujaddidi Qadri
Shaykh Ul Fiqh, Jamia Nizamia; Founder - Director
Abul Hasanaat Islamic Research Center
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f:231 - Saying: I will give you divorce
Country : Hyderabad, India, Name : Aleemuddin
Question: Abdul Hameed told his wife: I will take to your father and divorce you in the presence of 2 witnesses. Is divorce enforced with these words?
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Answer:
If Abdul Hameed actually told that I will go to your father and divorce you in front of witnesses and after that didn’t divorce her, then the divorce is not affected. The aforementioned words indicate a future happening, which comes under a promise and the rule of the Shariah is that a promise to divorce doesn’t constitute divorce.
Thus, in this case, the divorce has not been affected, as mentioned in Bahjatul Mushtaaq Fi Ahkaamit Talaaq, pg 13.
And Allah Most High knows best.
Mufti Syed Ziauddin Naqshbandi Qadri
[Shaykh ul Fiqh, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
