Talaq by the Words “I Do Not Want to Keep You”

Question

Question: Zayd said to his wife Hinda in one sitting: «میں تمہیں رکھنا نہیں چاہتا ہوں» (“I do not want to keep you”). There are five witnesses to this, but in the community council Zayd denies it. What needs to be ascertained is whether talaq has taken effect by the above-mentioned words or not.

Answer

If Zayd said it to his wife and even admits that he said it thus: «میں تمہیں نہیں رکھنا چاہتا ہوں» (“I do not want to keep you”) or «میں نہیں رکھوں گا» (“I will not keep”), no talaq has taken effect by it, because this is an expression of desire or a promise, and talaq does not take effect by that.

Source: Fatawa Mahmudiyya

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