Talaq by the Words “I Have Separated Her”

Question

Question: Hinda’s nikah was performed with Muhammad Ahmad, but when he turned out to be worthless, Muhammad Ahmad was pressed to give talaq. When he was spoken to sternly, he said: «میں نے آپ کے کہنے سے اس کو الگ کر دی، میں اپنے گھر چلا جاؤں گا» (“At your word I have separated her; I will go to my own home”). While leaving he said: “I have not given talaq; this is coercion.” Will talaq take effect in this way or not?

Answer

The words Muhammad Ahmad said — «میں نے آپ کے کہنے سے اس کو الگ کر دی» (“At your word I have separated her”) — if he said them with the intention (niyya) of talaq, then an irrevocable (ba’in) talaq has occurred; if both parties are willing, remarriage too can be valid.

Source: Fatawa Mahmudiyya

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