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Question ID: 20230
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A husband issues a summons filing for divorce in the South African High court (the couple are married Islamically and in accordance with South Africa law). In the summons he states:
“Wherefore the plaintiff claims: 1. A decree of divorce”
Would this constitute a proclamation of divorce in Shariah? The husband does have the intention to divorce his wife and has mentioned several times that he will divorce her. He has not pronounced the words Talaaq or divorce directly to her. Would the abovementioned words “a decree of divorce” be sufficient to annul the marriage?

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Asked on June 12, 2016 7:02 pm
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No.

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Answered on June 18, 2016 11:15 pm
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