"The point is put in perspective on the very next page. If there is some doubt about a woman, the Fatawa-i-Rizvia rules, or if she is a sinner, or if she does not observe namaz, or if she has become old, then talaq given without detestation is proper and valid. In fact, in certain cases it is desirable to do so, says the Fatawa-i-Rizvia. The ulema hold, it declares, that if she does not observe namaz, then, even if he is unable to pay the dower, even then the husband should give the talaq. In certain circumstances it is proper to do so, the fatwa reiterates. For instance, if the mother and father order one to give talaq and if not doing so will upset them or if they will be put to hardship, then to give talaq is wajib, it is proper, even if she, the wife, is not in the wrong at all. Yes, in the Hadis it is said that talaq given without need or justification is detestable or prohibited, notes the fatwa. But if the husband gives it, it shall certainly be effective. His sinning and doing that which is detestable does not stop it from taking effect, it says. For instance, it is haram to give talaq during menstruation, it is disobedience of the hukum of Allah. But if it is given, it shall certainly take effect, the fatwa declares."
Fatawa-e-Razvia

January 1, 1970

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