Question
A man according to the wife gave her three Talaaqs. However, he says that he remembers only two, not three. What should she do? She is sure that he uttered Talaaq three times. My sister has also consulted with the local Ulama and this was their response, please advise: "If she is certain.... There's going to be a difference between fatwa and qada. If she can't produce witnesses and he insisted that it was only two, the Qadi (or someone who assumes that authority) will judge according to what is apparent, i.e. take the husbands word because it is the Asl, and she has no proof besides her claim. In terms of Fatwa, if she is absolutely certain that she heard three she can't allow him to approach her. She has to live like ghayr mahram. Solution is for her to request Khul' for the remaining Talaq Best if a matter like this gets handled by the Jamiat, etc.The matter requires discussion with one of our reliable Ulama bodies."
Answer
There is no Islamic court or Qaadhi in South Africa. No one can use force to compel the woman to live with a man who is no longer her husband. If the wife is 100% certain that her husband had issued three Talaaqs then she should accept it as three, separate herself and be in Iddat. Then even if a thousand muftis say that she has no proof, hence she has to remain with her ex-husband, she should tell them all firmly: "Go fly a kite!"
If the woman is absolutely sure of three Talaaqs, then she should not approach any Ulama body. It will complicate the matter. Since she has no witnesses, the molvi sahib will pretend that he is a 'qaadhi' when in reality he is not. In this issue, she should not submit to any arbitration. The Shariah rules that in the matter of Talaaq she is her own qaadhi. If after having been given three divorces she continues to live with the man, she will be guilty of adultery regardless of the husband's claim of two Talaaqs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 02
- PDF page
- 7
Verbatim verified against the source PDF
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