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Suspending Talaaq upon the wife returning to her parents

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Husband and wife slept in different rooms for more than a year. They had no children. The husband told her if she wants divorce then she has to return back to her parents. She returned back. She found out that the divorce was valid. Four years has passed. Please confirm if the divorce was valid?

Bismillaah

A: If the husband suspended the talaaq upon her returning to her parents, then through returning to her parents, the talaaq will take effect. 

( وتنحل ) اليمين ( بعد ) وجود ( الشرط مطلقا ) لكن إن وجد في الملك طلقت وعتق وإلا لا (الدر المختار 3/355)

الهداية 2/386

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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