Is this counted as Divorce?

[shaziaahmed]

Salaams,

I am currently in a very difficult situation with my husband, I have been suffering from violence from him for the past 4 years since we have been married. During this time there have been many occasions when he has said " I have had enough of you, go back to your mums" or "tell your mum to pick you up, I cant stand you anymore". And on a few occasions he has also rang my mum and asked her to come and get me because he has had enough. I was just wondering whether this would insinuate a divorce?

[Imam]

Bismillahir Rahmanir Raheem

Wa'alaykum 'Assalam wa Rahmatullahi wa Barakatuhu


All Praise be to Allah who is the Lord of the Worlds, and may Endless Blessings be showered upon His Most Beloved, and Final Messenger of Islam, Hadrat Muhammad Mustafa Salla Allahu ta'ala 'alayhi wa 'aalihi wa Sallam

This would not insinuate a divorce, as the wording of the phrases that he used do not constitute, as amongst those which would have the effect of insinuating a divorce.

There are wordings to the effect that if they were used, they would insinuate a divorce, which is revocable (raj'i). But in this instance, this is not the case. The use of such words has been prescribed in the books of fiqh.

If you however feel that he is not fulfilling your rights as a husband, then you are free to ask, or request a 'khul'a, which is a type of divorce, in which he seperates from you, provided that he pays for your expenses, as well as your childrens, before the divorce. However, I am not aware of the exact facts, and situation, therefore this is only a suggestion, if your rights were not being fulfilled.

There are numerous organisations who deal with these aspects, and information can be obtained from them, if you wanted this procedure to progress. However, I can only give you the necessary advice, and pray to Allah the Almighty that your affairs in this world, and in the hereafter, do become better (Amin).


Jazak'allah for your question.





Wallahu A'lamu Biththawaab


M. Waseem Ashrafi