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Can a girl get talaq if the boy doesn’t want to give it & they stay apart for a year?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamwalaikum, I want to ask you if after nikah a girl runs away with another man who is also married than does talaq happen?what if the girl wants talaq and the boy does not want to give talaq can she get talaq by herself?what will happen if the boy does not give talaq and they stay apart for a year will talaq happen then if the girl wants?

Answer

(Fatwa: 283/255=D/1430)

Talaq will neither take place by eloping (running away) nor can the girl give herself talaq. The talaq cannot take place by staying apart also whether for a year or more. For getting talaq it is necessary for husband to give talaq.

Allah (Subhana Wa Ta’ala) 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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