Does Saying “I Will Not Stay With You” Constitute Divorce in Islam?

By Sumi Khan

Via Email

Question: If a husband says, “I will not stay with you. I want a divorce. I will divorce you. You will have to give me custody of my child. I will no longer live with you,” does this constitute divorce? If so, how many divorces take effect?

Answer: No divorce takes effect through the statements mentioned in the question. Saying “I will divorce you” or “divorce will take place” does not itself constitute a divorce.

Answered by: Allama Mufti Ubaidur Rahman Khan Nadvi
Source: Jameul Fatawa: Islamic Fiqh and Fatwa Encyclopaedia.

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