How the wife of an insane impotent man is separated

Question

If a man is impotent, the qadi will separate them (tafriq), and this separation will be a talaq; this above-mentioned issue is from al-Durr al-Mukhtar. Which qadi is meant by “qadi”? And besides the qadi, can his father, or the respected persons of the community (jama‘at), or the prayer leader of the mosque also bring about the separation or not? And it is now about three years for the insane impotent man. What other way of talaq can there be besides these ways? Kindly write it in here.

Answer

In India, the decision of those Muslim officials (hukkam) appointed by the government — deputy collectors (district officials) and the like — is also valid according to the Shari‘a if it is in accordance with the rulings of the Shari‘a; a real Shari‘a qadi, however, is absent here.

Source: Fatawa Mahmudiyya

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