Al-jawab billahi at-taufeeq (the answer with Allah's guidance)
If between the husband and wife there is dispute with regards to Talaq, i.e. wife says Talaq has been pronounced and the husband denies the divorce, and there are no witnesses, then the word of the husband will be considered.
NB. Having witnesses is not a prerequisite in order for a divorce to come into effect. Rather, divorce comes into effect with or without the presence of witnesses. However, the recommended and correct method of issuing a divorce is to appoint witnesses, so that it helps in preventing any possible future disputes.
If the wife is certain that the husband has pronounced Talaq, it will not be permissible for the wife to treat him as her husband. It will be necessary for her to consider the marriage to be over, and not let him have a husband-wife relationship with her.
If the husband still denies in divorcing the wife, the wife may pay him a sum to release her, known as Khula'. Alternatively, she may take the case to an Islamic council and file for divorce.
However, if the wife is not certain then the Nikah will remain intact.
(Imdadul Fataawa Vol.2 Pg.429, Fataawa Alamghiri Vol.1 Pg.354)
One must remember that Talaq is a statement where the husband's intention is not needed. If a person jokingly says Talaq then the Talaq will take effect.
Abu Hurairah (RadhiyAllahu Anhu) reports that the Prophet (Sallallahu Alaihi Wasallam) said that there are three things, which are counted as serious even if they were not intended seriously, and they are Nikah (Marriage), Talaq (Divorce) and Raj'ah (taking a wife back). (Mishkaat)
And Only Allah Ta'ala Knows Best.
Answer last updated on:
31st December 2009
Ulamaa ID 04