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Divorce and the Word Talaagh

Answered according to Hanafi Fiqh by Askmufti.co.za
Q: I said in Urdu ‘Mai tumhe Talaagh deta hoon’ (I give you Talaagh). Will this constitute any Talaaq (divorce) as I said the word ‘Talaagh’ instead of Talaaq intentionally in order to avoid Talaaq to take place? Please reply if this has constituted any Shar’i Talaaq or not?

A: Even the word ‘Talaagh’ causes a Talaaq to take place. In your case, one Talaaq Raj’ee has taken place. This means that you can take her back in your Nikah during the Iddat period without performing a new Nikah. If the Iddat period expires, then a new Nikah will be performed. (Raddul Muhtaar V10 P500)

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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