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Saying the Words "تجھے چھوڑ دیا" to Issue Divorce

Laws of Divorce,Divorce,Saying the Words "تجھے چھوڑ دیا" to Issue Divorce

Fatwa: 29017
Saying the Words "تجھے چھوڑ دیا" to Issue Divorce

الاستفتاء

Someone told his wife the following statement: “تجھے چھوڑ دیا، چھوڑ دیا، چھوڑ دیا، اور تین دفعہ آڈوینس میں چھوڑ دیا”. Does this constitute divorce as per Shari’ah? Did three divorces occur or only one? What is the ruling with regards to them living together? If the person claims that he did not say this with the intention of issuing divorce, then what will be the ruling in such a scenario?

الجواب حامدا و مصلیا

In the name of Allah, the Beneficent, the Merciful
According to our social norms, the words “تجھے چھوڑ دیا” are used specifically for issuing divorce, therefore, divorce occurs by uttering these words even without having the intention of issuing divorce. For this reason, due to the person in discussion having uttered these words three times to his wife, three divorced has occurred upon her, causing “Hurmate-Mughalaza” to be established. Now, it is not possible for him to take her back as his wife, nor can they remarry without the occurrence of “Halala-Shar’eeya”, hence, it is essential upon then to immediately separate from each other. Nonetheless, the women can get married to someone else after the passing of her waiting period.

Note: This verdict was issued based on the social norms of the Republic of Pakistan.

And Allah knows best
مفتى حسین احمد خان
May Allah Forgive him,
Darul-Ifta Jamia Binoria Aalamia
Fatwa No 29017 Verification