Question
My husband gave me three Talaaqs at once. Although he now denies it, I am absolutely certain that he had uttered three Talaaqs. The mufti says that since I have no witnesses, our nikah is still valid. Meanwhile, I have separated myself from my husband until I am satisfied that the mufti's ruling is right. What should I do?
Answer
The mufti has erred. Your nikah has terminated finally and irrevocably. Since you are absolutely certain that your husband had issued three Talaaqs, your word is the determining factor, not the mufti's fatwa. The validity of Talaaq is not reliant on witnesses. According to the Shariah, in the matter of Talaaq, the principle is "The wife is like the qaadhi". That is, she has to issue the decree of Talaaq for herself if she is certain. Thus, for yourself, you are the 'qaadhi'. Debunk the denial of your ex-husband.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 03
- PDF page
- 3
Appears under DNA ORIGINS (approximate).