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What should my Maternal Uncle do now that his wife’s brothers deny the hukm of shariya regarding the 3rd talaq?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamu Alykum, This matter is regarding my Maternal Uncle (Mamu) and his wife. They got married in year 1995, since then relationship is not fine. Before marriage she had some illicit relations with some guys (Proof ?hand written letter accepting all those relation?, is with my uncle). At that time, one talaq was given and mama wants to give some time to get back her on right track. But the conditions merely changed, she fights (Physically and with bad language) most often, police complaint from our side is also registered, then 2nd talaq was given at that time. Recently, about a month back she reached the limit and established relation with some person near house. Now mama finally decided to give her talaq (3rd and final one), Now her brothers deny the fact of talaq and they want her to go back to mama house. Mufti sab clearly said it talaq and now aunt is haram for my uncle (mama). Her brothers are denying the hukm of shariya. Please advice my mama, what should he do now? If any thing legally needed please let us know. Please guide us in this regard.

Answer

(Fatwa: 121/113/L=1431)

You also know the ruling that talaq took place on your mami (wife of maternal uncle) and she was divorced with irrevocable talaq and became haram for your uncle. Now, he will not be allowed to live with her without valid halalah. If there is some legal compulsion, you should contact any advocate.

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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