Issuing talaaq using the word “Azaad”

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If the husband didn’t use the word talaq instead he said 3 times “ma tmhy azad karta hon” is nikah still valid? Next day he said “meray kehnay ka matlab tha ka tum azad ho jo marzi karo ma kuch ni kahon ga” and after few months he again said 1 time through text msg ka “azad ha tu” please I m very upset reply me as soon as possible. He is still my husband or not?

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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