A court-issued talaq

Question

Question: A girl was married (nikah) to the son of her paternal step-aunt; her paternal aunt was opposed. There was a brass plate which the mother-in-law had given to the young man; the girl’s own paternal aunt stole it, because there was ill-feeling in their hearts. From this a quarrel began. For about five months the girl kept coming and going, and the quarrel went on.

Answer

If, on the girl’s petition, the court summoned the husband and had him give talaq, and the husband pronounced talaq with his own tongue, then according to the Shari‘a the talaq has taken effect; once the ‘idda has passed the girl has the right to marry elsewhere.

Source: Fatawa Mahmudiyya

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