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Understanding the Legal Implications of Talaq and Khula in a Troubled Marriage

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My husband and I have had a lot of issues for the last 3 years. He gave me two proper talaq in November by saying, I divorce you. Then he reconciled. Again we had some differences and he said a couple of times that “tum meri taraf sey farigh ho”. He also sent me two messages saying “you are free from my side and I am not interested in this relationship anymore”. He messaged me that this was the last message from him. He then left the house and has been away for a month. Now he’s saying that talaq hasn’t taken place and I should apply for khula if I intend separation as he had no intention of leaving me despite all his messages and words. Where do I stand?

Bismillaah

A: If the word faarigh in your area is synonymous with talaaq then the third talaaq has taken place.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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