Talaq in the Present-Tense Form: “I Am Leaving Her”

Question

This humble one is a resident of a remote mountainous area of Kashmir, two hundred kilometres from the Valley; the dialect of the area also differs from the dialect of the Valley. This area is known by the name of Qalil; it has 27–28 villages, and the people are all Muslims by descent. I went home in blessed Ramadan, and a man of the biradari (clan community) had said a sentence about his wife, “مُس، نبسہ، نہت، نہم، نہس”, whose translation is: “I am leaving her.

Answer

In our custom (‘urf), when a husband says about his wife, “I am leaving her,” what is generally meant is precisely “I am giving her talaq.” Therefore talaq takes effect by this word even without intention (niyya), and by saying it three times a major (mughallaza) divorce takes effect; then a second nikah without halala is not permissible.

Source: Fatawa Mahmudiyya

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