The shariat rules of giving tala1

Answered according to Hanafi Fiqh by
My friend had a relation with a girl. After tashkil regarding going in tabligh my friend went for three days and after that he decided to change his life according to Islam and sunnah. He understood that relation with that girl is sinful act. So he decided to marry that girl without informing their guardian and they did so with present of two witnesses and with 1 lakh dain mahr. They had intention that after completing study they would marry again with familial agreement. Two month ago my friend went in tabligh for a long time and by this time the girl’s parents forced her to marry according to their choice. Now my friend is very shocked. He wants to divorce that girl.
(1) How can he divorce her? He wants to give three talaq at a time? Will it be lawful?
(2) He did not pay her dain mahr. How he could pay?
(3) What about that girl? Is her marriage with another man legal when she is still my friend’s wife?
(4) After divorce is it necessary for her to follow iddah and marry again that man?

بسم الله الرحمن الرحيم

(Fatwa: 82/D-9/File-D=01/1436)

(1) There is no need to give three talaqs; it is a sin to give three talaqs together. Hence just giving one talaq bayin is enough as it shall terminate relation of nikah completely.
(2) If your friend did intercourse with his wife or met her in privacy after nikah then it is necessary to pay full mahr. You may adopt any method to pay the mahr amount. Yes, if the girl remits some part of mahr or full mahr then it shall be remitted.
(3) Your friend had not given talaq to the girl then her nikah with the other person was not valid. First your friend should give her talaq and separate her from his nikah as well as he should inform her. He should also inform the girl that her nikah with the other person was not valid. Now she should complete her iddah after he has given her talaq and then do nikah again. Or she should ask any alim about her case and act accordingly. However, you should give her talaq and make her free so that you could not have share in sin.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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