A Community Council Record Concerning Talaq

Question

﷽ Question: To the exalted presence of the respected Hazrat Mawlana Mufti, treasury of grace — may Allah Most High keep him safe. A woman has left her husband’s home several times without the husband’s consent. The woman states that her husband is not fit for a woman; for this reason she left her husband’s home several times, and her husband brought her back by force, through the pressure of the biradari (kin community).

Answer

The husband’s statement “this is my talaq”: if what is meant by it is that his not convening a community council and not bringing a claim is talaq, then that is wrong, because merely not convening a community council and not bringing a claim is not called talaq in the Shari‘a.

Source: Fatawa Mahmudiyya

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