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Issuing a talaaq for legal reasons

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My sister got married and after few months her husband ran away to a neighbouring country for some political reason. She was pregnant and got a baby. After two years waiting, he couldn’t come back but the only way was she has to follow him. But because she is the wife of that man, the country’s law doesn’t allow her to leave anywhere unless she is divorced from him so they made an agreement and he sent her a divorce letter. The question is, is their marriage accepted or not?

Bismillaah

A: If it was just one divorce and he revoked it within the iddat then the marriage is valid.

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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