Fatwa No : 84532
Pronouncing Talaq

Pronouncing Talaq

What do the esteemed scholars and respected muftis say regarding the following issue:
I, namely, Khan Zada, son of Nek Muhammad, resident of Metroville, arranged the engagement of my son Sherbaz with Bibi Hawa, daughter of Haji Naeem, in 1997. In 1999, their formal marriage took place, along with the bride’s departure (Rukhsati) to our home. In exchange, as part of a watta satta (exchange marriage), I gave them my underage daughter in marriage, and they also conducted a formal marriage, with dower (mahr) agreed upon.
After the rukhsati (departure of the bride to her in-laws), my daughter-in-law lived with us for approximately four and a half years. However, following the marriage, we began receiving phone calls on our home’s PTCL number from an unknown man in the neighborhood who used abusive and obscene language. This continued for some time — sometimes he would call my son’s number and hurl abuses, and at other times he would call me and do the same.
Since we also run a business in Dubai, these calls extended there as well. Due to this, I lodged a report at the police station in Dubai against this unknown person. Some time later, the Dubai Police arrested the suspect and informed me. When I arrived at the police station, they had the suspect sit in front of me. I asked him if he knew me — he said no. I asked if he knew my son — again, he said no. I had never seen him before either.
It is important to note that during the time he was making those calls, I once asked him, “Why are you doing this? What is your intention?” In response, he mentioned my daughter — the one I had given in watta satta (inter-marriage) to Naeem’s son Rasheed — by name and said, “Give her to me in marriage. You will become my father-in-law, and mentioning my wife's name, said your wife will be my mother-in-law.”
During our meeting at the police station, I asked him how he knew all these names and got our contact numbers if he didn’t know us. He replied by naming my daughter-in-law, Bibi Hawa, as the one who gave him the information. He even showed me a picture in which my daughter-in-law was seen with him and another girl.
He explained that before the rukhsati, he had connections with her and her family, and they had taken a lot of money from him. He claimed that, he had asked them not to go through with the marriage and to give the girl to him instead, but they didn’t listen. As a result, he started harassing us.
After sharing this entire situation with my brothers and sons and investigating it from various sources, we came to the conclusion that it would be best to return my daughter-in-law, Bibi Hawa, to her father's house. About four and a half years after the marriage, we sent her back to her parents, and later, my son Sherbaz formally divorced her and sent the divorce documents.
However, the problem now is as follows:
The girl I had given in watta satta (exchange marriage), whose marriage was conducted formally, is now being demanded back by her in-laws, despite the fact that Naeem’s son — with whom my daughter was married — has taken a second wife and already has children with her. Due to the conflict caused by this issue, there have been severe disputes between the two families. They have openly declared enmity towards us and have since moved to Afghanistan.
Some time ago, there was even a shooting at our house in Metroville. We have repeatedly requested them to release our daughter, but they refuse to do so. Instead, they want to keep her for another three to four years, then divorce her and send her back after she has borne children — just like what happened with their daughter (our ex-daughter-in-law).
In the case of their daughter, we made every effort to act justly and respectfully. But given the circumstances mentioned above, it became impossible for us to accept her as a daughter-in-law and wife in our home. That is why, without publicly defaming her, we quietly and respectfully sent her back to her family.
However, afterward, they spread the entire matter throughout the neighborhood and among relatives.
Now, in light of all this, we wish that our daughter be granted her freedom through Islamic legal means, so she can make her own decisions regarding her life.
Note: It is important to mention that the entire household was aware of the character and relations of my daughter-in-law Bibi Hawa. However, they kept us in the dark, because of which we suffered mentally and emotionally for 16–17 months.

الجوابُ حامِدا ًو مُصلیِّا ً

If the statement of the questioner is indeed true and based on reality, and there is no fabrication or dishonesty involved to say that the intention of the second party in this marriage and rukhsati (sending the bride to the groom’s house) was solely to cause harm and distress to the questioner and his daughter, and not to genuinely establish a family life, then in such a case, the questioner may free his daughter from the marriage through talaq bil maal (divorce in exchange for money) or khula (mutual separation initiated by the wife).
If the son-in-law is not even willing to agree to talaq bil maal or khula, then the questioner can involve community elders or pursue the matter through a court to obtain talaq or khula.
Accordingly, if the husband gives divorce under pressure from the community elders or due to a court order, then according to Islamic law, the divorce will be valid, and the marriage will be considered terminated.
Let me know if you’d like this translated into formal legal or religious language, or used in an official document.

مأخَذُ الفَتوی

كما في أحكام القرآن للجصاص: قوله تعالى إن يريدا إصلاحا يوفق الله بينهما ولم يقل إن يريدا فرقة وإنما يوجه الحكمان ليعظا الظالم منهما وينكرا عليه ظلمه وإعلام الحاكم بذلك ليأخذ هو على يده فإن كان الزوج هو الظالم أنكرا عليه ظلمه وقالا لا يحل لك أن تؤذيها (الى قوله) ( فاذا جعل كل واحد منهما إلى الحكم الذي من قبله ماله من التفريق والخلع كانا مع ما ذكرنا من أمرهما وكيلين جائز لهما أن يخلعا إن رأيا وأن يجمعا إن رأيا ذلك صلاحا فهما في حال شاهدان و في حال مصلحان و في حال آمران بمعروف وناهيان عن منكر اھ (3/ 154)۔
و في حاشية ابن عابدين (رد المحتار): (قوله ومن محاسنه التخلص به من المكاره) أي الدينية والدنيوية بحر: أي كأن عجز عن إقامة حقوق الزوجة، أو كان لا يشتهيها. (3/ 229)۔
وفيه ايضا : (قوله: فإن تيقنه) أي تيقن الجور حرم؛ لأن النكاح إنما شرع لمصلحة تحصين النفس، وتحصيل الثواب، وبالجور يأثم ويرتكب المحرمات فتنعدم المصالح لرجحان هذه المفاسد بحر وترك الشارح قسما سادسا ذكره في البحر عن المجتبى وهو الإباحة إن خاف العجز عن الإيفاء بموجبه. اهـ. أي خوفا غير راجح، وإلا كان مكروها تحريما؛ لأن عدم الجور من مواجبه (3/ 7)۔
وفيه ايضا : لهذا قالوا: إن سببه الحاجة إلى الخلاص عند تباين الأخلاق وعروض البغضاء الموجبة عدم إقامة حدود الله تعالى (3/ 228)۔
وفى الفتاوى الهندية: والأصل أن تصرفات المكره كلها قولا منعقدة عندنا إلا أن ما يحتمل الفسخ منه كالبيع والإجارة يفسخ وما لا يحتمل الفسخ منه كالطلاق والعتاق والنكاح والتدبير والاستيلاد والنذر فهو لازم كذا في الكافي اھ (5/ 35)۔