Respected Mufti Sahib. Asslamo-alaikum. Earlier I had sent a letter seeking guidance in my matter in the light of HADISH & Sunnah. I came to know of the similar case ((Fatwa: 1317/1036=H/1430) and after reading BEHESHTI ZEWAR but I did not receive the letter. Allah knows better if you received my letter or not. I request you in the name of Allah to kindly reply my matter at the earliest. My problem is: I solemnized my NIKAH on 20th may 2006 secretly with a fellow in the presence of valid witnesses in which there were no member of my family. It was because of my oath of Quran Sharif that I will marry him. This was in March 1999. Later that fellow compelled me to fulfill my oath as he frightened me that I could not even go for kaffarh as the oath was pertaining to him. I knew that my family won’t allow me to marry him. But he insisted that after NIKAH he would talk to my parents & will persuade them for proper marriage ceremony which he never did. Since then I have been living separately. I did not receive any assistance from him or the MEHR. However, we had intercourse after NIKAH. Later on I came to know of the truth. It was a well planned conspiracy hatched to defame my family. I was totally astonished. My family came to know of my NIKAH. They left the decision entirely upon me saying that they won’t interfere as they were not involved in this NIKAH itself. Subsequently I tried to reconcile with the situation but I felt completely cheated and could not make my mind to live with him any further. There was neither affection nor respect left in my heart for him. It became clear that I won’t be able to fulfill the duties of a wife for him any more. Therefore, I asked him to give me TALAQ but he refused initially. When I insisted for TALAQ (Oct 2007) he said ?TUM AZAAD HO?. After about 2-3 days I again asked him to say in the proper way he again replied ?TUM AZAAD HO?. Third time in the same month(i.e.Oct 2007) after about 4-5 days of his previous statement I asked him to give me TALAQ . I said ?MAIN IS RISHTE KO HAR AITBAR SE KHATM KARNA CHAHTI HOON. MERE DIL MEIN YE PEHLE HI KHATM HO CHUKA HAI. MAIN IS RISHTE SE RELATED KOI BHI FARZ NAHI NIBHA SAKTI HOON. MAIN TUM PAR MEHR BHI MAAF KARTI HOON. MEHARBANI KARKE MUJHE IS RISHTE SE AZAAD KARO?. He replied ?TUM AZZAD HO. TUM JAHAN CHAHO SHADI KARO.? I said ?SHUKRIYA?. I had no contact with him after this conversation. In the second half of the month of December 2007 he met me in a public place and said that he does not want to get separated and wants to continue the relationship which I refused. After this he met me again in May 2008 and said the same things again. To which I refused again and said that I had already accepted that ?TALAQ?. Since then I never met him again. I was trying to begin my life afresh and I got engaged in Oct 2008. I was planning for marriage when this fellow appeared again disrupted my engagement claiming that I was still in his NIKAH as he had never uttered the word TALAQ though he admits having said TUM AZAAD HO when I had insisted for TALAQ. So Mufti Sahib please clarify: If I am still in his NIKAH or I am divorced.
Answer:
(Fatwa: 1274/1211=B/1430)
When husband admits saying ?TUM AZAAD HO? you were divorced with irrevocable talaq, now the marital relation between you and him is over. As the divorce takes place with the word of ?talaq? it takes place with ?azad? too. The word azad is also used for clear-cut talaq:
فإذا قال رہا کردم أي سرحتک یقع بہ الرجعي مع أن أصلہ کنایۃ وماذاک إلا لأنہ غلب في عرف الفرس استعمالہ في الطلاق وقد مر أن الصریح ما لم یستعمل إلا في الطلاق من أي لغۃ کانت (شامي 2:503)
You are divorced and the iddah period is also over. Now, you can marry anywhere you like.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband