Darul Ifta Ibn Masood

Wife claims to be divorced but the husband denies her claim

· 11 Jumada I 1443 AH1 min readEnglish

Question

A wife claims that her husband divorced her thrice but the husband denies issuing the divorce. Will she be considered to be divorced?

Answer

Since the wife claims that the husband has divorced her thrice, it is not permissible for her to remain with her husband. She should separate from her husband immediately and should not allow him to be intimate with her. However, it will not be permissible for her to remarry until her husband confesses to the divorces, or two reliable witnesses give evidence (to the 3 divorces), or a Muslim judge passes a verdict of separation with the choice of Talaaq.

ALLAH TAÁLA KNOWS BEST!

References (Arabic / Urdu sources)

وَالْمَرْأَةُ كَالْقَاضِي إذَا سَمِعْته أَوْ أَخْبَرَهَا عَدْلٌ لَا يَحِلُّ لَها تَمْكِينُهُ بل تفدي نفسها بمال او تهرب (شامي ص463 ج4)

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/wife-claims-to-be-divorced-but-the-husband-denies-it/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-15104

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