Assalamu alaikum… my question belongs to talaq.my wife was not with me since last year. she stayed at her mother’s home. after long efferts i came to decission to give talaq. for that i made dd to pay mehar(onelac rupees and six thousand rupees for 2dinar-e-sharai)and iddat maitenance(Rs.12thousands). all amount included in one dd. on 13th june2010 i gave three irrevocable talaq before two witnesses in the presence of qazi also. the dd given to qazi to pass on to my wife. after one week qazi given me sadaqatnama for talaq. after one month i came to a notice that her family members are not informing about this. still she did not taken my dd and that dd is at qazi. she did not recieved any talaq notice and not used mehar amount also. the talaq incident is in this stage only. the situation is going on. now my question is that ‘is talaq happend or not?’ if she did not taken any notice and dd. qazi told that after 45 days give daily newspaper publication to complete talaq process. is this a correct process or not. and what should i do about dd. can i use that dd even she did not taken or refused it. give me suggestion to walk in correct way. allah hafiz.
Answer:
(Fatwa: 1306/L=341tl=1431)
If you have given three talaqs to your wife in the presence of Qazi and two witnesses, all the three talaqs took place on your wife and she was divorced with mughallaza baina (irrevocable talaq) and became haram for you. The acceptance of wife is not necessary for talaq to take place; hence, it is not necessary to get it published in daily newspaper according to Shariah. As far as the matter of this amount is concerned, you can use it, but you will have to return it if it is demanded by your divorced wife.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband