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.
وَالْمَرْأَةُ كَالْقَاضِي إذَا سَمِعْته أَوْ أَخْبَرَهَا عَدْلٌ لَا يَحِلُّ لَها تَمْكِينُهُ بل تفدي نفسها بمال او تهرب (شامي ص463 ج4)
ALLAH TAÁLA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 10 JUmad-al-Ula 1443 / 15 December 2021
