assalmo alaikum my sister got married to my cousin. now she does not want to live with him. she insisted her husband that he give her talaq and she was excusing him of mehr. he said ” tum aazad ho” at other moments he said “tum jisse shadi karn a chaho kar sakti ho”. then he met again about 3 months later in the public place and said that he does not want to get seperated. to which my sister said that no she won’t live with her and since then they are living apart. so is this khula valid? are they still in nikah?.
Answer
(Fatwa: 1317/1036=H/1430)
In the case mentioned in the question, she was divorced with two bain talaqs. By ?tum azad ho? is explicit Talaq (sareeh), while the next sentence (“tum jisse shadi karna chaho kar sakti ho”) is implicit and indirect Talaq (kinayah). Therefore, she was divorced with bain talaqs, she became out of his Nikah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband