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Wednesday, July 15, 2009

Divorce and the Word Talaagh

Q: I said in Urdu 'Mai tumhe Talaagh deta hoon' (I give you Talaagh). Will this constitute any Talaaq (divorce) as I said the word 'Talaagh' instead of Talaaq intentionally in order to avoid Talaaq to take place? Please reply if this has constituted any Shar'i Talaaq or not?

Even the word 'Talaagh' causes a Talaaq to take place. In your case, one Talaaq Raj'ee has taken place. This means that you can take her back in your Nikah during the Iddat period without performing a new Nikah. If the Iddat period expires, then a new Nikah will be performed. (Raddul Muhtaar V10 P500)

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai