The marriage deed and the delegation of talaq (tafwid)

Question

Question: A man, having fixed the mahr for a woman according to the custom of the country, gave (it), and, having promised to give the customary mahr deed with its conditions, married her; but after the nikah he did not give the mahr deed. In the land of Bengal it is a well-known custom that at marriage a mahr deed or a marriage deed with conditions is given; for this reason two or three qadis are appointed by the government in every police district.

Answer

Answer (1) Yes, the woman described above has become divorced by three talaqs, because custom (‘urf) and the practices of people, if they are not contrary to the Shari‘a, may be acted upon and fatwa given accordingly, whereas acting upon what is contrary to the Shari‘a is forbidden.

Source: Fatawa Mahmudiyya

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