After a conditional attachment, even permission does not end it

Question

A quarrel took place between Amir Hasan and Akbar Hasan’s brother-in-law (wife’s brother) Abdul Ghafur. Abdul Ghafur beat his nephew (sister’s son), and beat him so hard that marks appeared on the body of the one beaten. The boy came and complained to his parents about his maternal uncle; then Akbar Hasan and Abdul Ghafur quarrelled with each other, and the quarrel was such that it came to blows.

Answer

Even if he gives permission and she then talks with her brother, a major (mughallaza) divorce will still take effect. There is one way to avoid the major divorce: Akbar Hasan gives his wife one talaq and stays apart; when the ‘idda has passed, Hafiza talks with her brother, and after that the nikah of Akbar Hasan and Hafiza Banu is contracted again.

Source: Fatawa Mahmudiyya

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