Question
A woman says that her husband gave her three Talaaqs. However, the husband denies. He says that he had given only one Talaaq. What is the ruling of the Shariah?
Answer
If the wife is certain that her husband had issued Three Talaaqs, then the Nikah has ended irrevocably. She should reject his denial and not accept any Mufti's verdict to the contrary. The wife in her own right must separate herself from the man if she sincerely believes that her husband had issued three Talaaqs. Therefore, regardless of her husband's denial, she may and must regard herself as divorced on the basis of the principle Al-mar‟ato kal Qaadhi (The woman is like a qaadhi). That is, in so far as herself is concerned, she should regard herself to be divorced if she knows and believes that her husband has issued three divorces or Talaaq Baain.
In this case, even if a Mufti rules that because she has no witnesses, her claim of Talaaq is not valid, she should reject what the Mufti says and consider herself divorced.
A. Bury the CDs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 12
- PDF page
- 9
Verbatim verified against the source PDF
Appears under THE HUSBAND DENIES ISSUING TALAAQ. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.