Issuing Talaaq using the word “Azaad”

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My husband sent a message saying to me, “Tum Azaad ho owr tum issy qaabil ho” You are free from me and this is what you deserve. Afterwards, he said, I just said those words, but I didn’t really mean it. At the time of uttering these words he was in the state of anger.

Bismillaah

A: If these words are generally used for talaaq in the area you live in, then one talaaq-e-rajee will take place. However, if these words are not normally used for talaaq in your area, then the intention of the husband will have to be seen. If he intended talaaq at the time of uttering these words, then one talaaq-e-baain will take place. If he did not intend talaaq, then no talaaq will take place.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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