Talaq by permission “to establish another marriage tie”
Question
Qamar Jahan’s marriage was contracted with one Azhar al-Din. Azhar al-Din wrote a letter in Hindi script to his father-in-law. Has talaq taken effect by it or not? Copy of the letter: “جناب چچا صاحب آپ لوگوں کو معلوم ہونا چاہئے کہ آپ کی بیٹی قمر جہاں کا گذر میرے ساتھ نہیں ہو سکتا، اس لئے آپ لوگوں سے عرض کرتا ہوں کہ آپ لوگوں کو دوسرا رشتہ قائم کرنے میں شوق سے اجازت دیتا ہوں” (“Respected uncle, you should know that your daughter Qamar Jahan cannot get along with me; therefore I submit to you that I gladly give you…
Answer
Let Azhar al-Din be asked whether he wrote this letter or not. Then, if he wrote it, is its meaning that he has ended his marital tie with Qamar Jahan and given permission for marriage elsewhere, or does it have some other meaning? If he says: “Yes, I wrote this letter, and this is exactly what I meant,” then at the time of writing an irrevocable (ba’in)
Source: Fatawa Mahmudiyya
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