Talaq in exchange for mahr and maintenance depends on the wife’s acceptance

Question

Question: Ishfaq Ahmad, under the influence and pressure of his brother ‘Ashiq Muhammad and his mother and in accordance with their wish, expressed his intention to divorce his wife, one ‘Azima, although ‘Azima did not want a divorce. In addition, ‘Ashiq Muhammad threatened: if ‘Azima does not go along with the talaq, we will bring her home, subject her to oppression and violence, and disfigure her nose and face.

Answer

(1/2/3) In the document the talaq is in exchange for the mahr and maintenance; it depends on the wife’s acceptance and has the status of khul‘. If the wife accepted it, the ruling of an irrevocable (ba’in) talaq would apply; otherwise no talaq at all takes effect.

Source: Fatawa Mahmudiyya

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