Question
A dispute has developed between the husband and wife regarding the Talaaq which the husband issued. According to the wife, the husband said: "If you report to your parents what I have said, then it is not one Talaaq. It is three." Subsequently the wife did report to her parents what he had said. However, the husband denies having issued three Talaaq. He says that he had said: "I will give you three Talaaq." What is the Shariah's ruling regarding this dispute? Have three Talaaqs come into effect?
Answer
In a dispute between husband and wife regarding Talaaq, the Shariah decrees that 'the wife is like the Qaadhi' to decide the issue for herself. If the wife is certain that her husband had said what she claims, viz. "It is three"., then all three Talaaq have come into effect. As long as the wife is certain, she should ignore what the man says. She should consider him a liar when she is sure that he had administered three Talaaq to her.
She is in her iddat. After expiry of her iddat which is a period of three haidh cycles, she will be free to marry someone else.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 03
- PDF page
- 6
Appears under TALAAQ IN A DISPUTE (approximate).