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dispute over Talaq

Last updated: 27th January 2007
Question ID: #3665
Short URL: http://qa.muftisays.com/?3665
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Shuaib-ud Din
27th January 2007

 
The husband gave one Talaq in 2003 and then did Rujooh, gave the second Talaq in 2005 and then performed Ru-jooh.
In 2006 the husband threatened his wife with the third Talaq. Husband said: if you do not correct yourself I will give you the third. Wife claims husband gave third Talaq. What is the decision of in the light of Quran and Sunnah?



Answer
Ulamaa
Ulamaa ID 03
Answer last updated on:
30th January 2007
Answered by:
Ulamaa ID 03
Website
Location: UK
In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

This appears to be a case of conflict between the
husband and wife in the actual issuing of divorce.

The ruling in this case is that the wife is required
to produce 2 devout and upright male or 1 male 2
female witnesses. This will enforce Talaaq.


If she cannot, the husband is required to take an oath
in which case Talaaq will not be considered valid.

It is also worth reminding the husband to fear Allah
(SWT) and abstain from taking a false oath if he had
actually divorced her for the third time.


And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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