My niece was married to a boy staying at a distance place. Soon after the marriage there was problem which could not be resolved despite best efforts. She had stayed at her in-laws place for about 6 months, then she moved to her parents’ place where she stayed for about 1Year. The boy then gave Talaq (Talaq-e-Bain) by pronouncing Talaq, 1,2,3 three times in presence of 2 witnesses and signed Talaqnama. My question – 1. Whether Talaq is complete as per the Shariah? 2. What is the period of Iddat girl has to observe, particularly when she has not stayed with her husband for more than year & now the boy has given irrevocable Talaq?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 633/539/H=04/1435)

When he pronounced talaq thrice and signed the talaqnama, then three irrevocable talaqs took place. The iddah of wife shall come to an end after passage of three menstruation periods and it is wajib (necessary) for her to observe iddah though she stayed away from husband for more than one year.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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