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