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Talaq by the Words “Now You Have Permission to Marry My Younger Brother”

Question

Question: I, named Zaynab al-Nisa’, daughter of Rahm Ilahi — out of ignorance my nikah was contracted with a man who turned out to be a bandit; for this he was sentenced to twenty years, and seven years have passed since. At the time he was sentenced he said these words to me: «اب تجھ کو میری طرف سے اجازت ہے کہ میرے چھوٹے بھائی سے نکاح کر لینا» (“Now you have permission from my side to contract nikah with my younger brother”).

Answer

If the matter is as stated, then according to the Shari‘a you are permitted to contract nikah elsewhere.

Source: Fatawa Mahmudiyya

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