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Assalamualykum mufti sahab, i wanna ask a very urgent mas’ala, that my chachazaat bhai has given 3 talaq with word to his wife and wanna compromice to her. one Qaazi comes and read a new niqaah bitween them, without any halala process, and he said that its a actual process of compromice, halalah does not need in this case, my uncle and anty also agry with him, mufti sahab i want to ask thet what about this kinds of Qazi, is this Qaazi Gunahgaar or my uncle & anty and his son gunaahgar Jazaqallah

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
assalamualykum mufti sahab, i wanna ask a very urgent mas’ala, that my chachazaat bhai has given 3 talaq with word to his wife and wanna compromice to her. one Qaazi comes and read a new niqaah bitween them, without any halala process, and he said that its a actual process of compromice, halalah does not need in this case, my uncle and anty also agry with him, mufti sahab i want to ask thet what about this kinds of Qazi, is this Qaazi Gunahgaar or my uncle & anty and his son gunaahgar Jazaqallah

Answer

(Fatwa: 747/B=146/tb=1431)

 

In the question mentioned above when husband had given three talaqs to his wife, and now he intends to get her back in his nikah again, for this it is necessary that the divorced woman gets married to any other man and they have intercourse and then this man divorces her and then the iddah of this talaq is over, then only this woman shall be halal for her first husband, then if he wishes he can marry her. Without a valid halalah, a woman divorced with three talaqs would not be halal for her first husband, though nikah is done. In this regard the words of your qazi are totally wrong either he does not know the correct ruling or he mistook, and if he tells wrong rulings knowingly this is distortion in religion for which he will be accountable. And it is your responsibility to contact authentic and reliable scholars in order to know Islamic rulings. To ask Islamic rulings to laymen and so called qazis and Mufti is a mistake which is a sin on part of the questioner.

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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