Talaq by the Words “I Do Not Want the Girl”

Question

Question: A pious, respectable girl was married four years ago. The boy turned out to be of bad character, a gambler and a drunkard. Moreover, when the girl went to her in-laws’ house for the third time, her husband told her to go alone with some strange men; the girl refused, and for this he beat her. He wanted to sell this girl. When her parents learned of this, they brought the girl to their home; she is now with her parents. Her husband has verbally spoken several times of leaving her: «مجھ کو لڑکی نہیں چاہئے»

Answer

By the mere words “I do not want the girl” no talaq has occurred. If he said the words «میں نے اپنی بیوی کو چھوڑ دیا» (“I have left my wife”), then talaq has occurred. Then, if he did not take her back (ruju‘), it will be proper to have the girl’s nikah performed elsewhere after the ‘idda of three menstrual periods.

Source: Fatawa Mahmudiyya

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