Some allusive (kinaya) expressions of talaq

Question

Statement of the claimant, the wife: “I received news that my husband had come. So I took the children and my mother with me, went to him and, weeping and pleading, brought him home. Then at home he kept compelling (?). I said to him, ‘Why do you not live with me? What is the reason? Tell me your intention.’ He replied: «میرا تجھ سے تعلق نہیں ہے، اور نہ تو میری زوجہ ہے» (“I have no connection with you, nor are you my wife”)

Answer

If Ilahi Bakhsh admits these words, or if these witnesses in whose presence the words were said are acceptable and reliable by the standards of the Shari‘a, then according to the Shari‘a talaq has taken effect. After the ‘idda the woman may validly marry elsewhere.

Source: Fatawa Mahmudiyya

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