Fatwa No : 77681
Ruling of a wife who heard herself Three Talaqs which is denied by the husband

Ruling of a wife who heard herself Three Talaqs which is denied by the husband

My name is Roohi Bano, son of Muhammad Sharif. I swear that I am telling the truth in everything I say admitting the presence and perceive of Allah and His Messenger. If I lie, then may His punishment be upon me and my family and children. My husband Shahid had divorced me twice six years ago and now on August 14, in front of my nine and a half year old daughter Reba, he has given me another divorce in a fight. The first words of divorce were "I have divorced you, I have divorced you." Then on August 14, he said the words "go the divorce is occurred”
I, the husband Shahid, swear that I will tell the truth in everything I say. I had only given one divorce eight to ten years ago, after which we were living as husband and wife. Now on August 14, there was a fight over filling a gas cylinder, in which my wife was very abusive and using obscene words, to which I said, "If you don't keep quiet, I will divorce you." Then my wife said, "Give, now give" but I called her brother and said, "Take her away, she has become psychologically effected." After that, the wife called her relatives and said that she has been divorced. Meanwhile, the son Muhammad Junaid, who is about 16 years old and was present at the scene and was trying to end the fight, says that the father pronounced the words, "I will divorce you."
(Note) The incident mentioned is from the same gathering. After that, the husband and wife continued to live as before.

الجوابُ حامِدا ًو مُصلیِّا ً

In the case of one divorce, there is agreement between the husband and wife. As for the second divorce six years ago and the recent third divorce on August 14, both spouses have different statements. Thus, the wife claims to have given three divorces in total, while the husband admits to giving only one divorce and the wife does not have Shar’i evidence to prove her position. And each of the spouses is ready to take an oath on the statement and answer for it in the grave and the hereafter.
When a situation arises where the wife claims to have heard the words of divorce three times, but she does not have Shar’i evidence and the husband does not admit to giving three divorces, then in such a case, even if the husband's word after swearing, is valid, keeping in mind the principle of "the wife is the judge", it is obligatory on the wife to consider herself as a triple divorcee (who has been given three divorces) and not to give her husband any control at all, over her and in any case to start living separately from her husband. However, if this matter goes to the court of the Qazi (judge) and the Qazi, due to the absence of Shar’I witness to prove wife’s claim, decides in his favor based on his swearing and sends his wife away with him, then in such a case, although the wife will not be a sinner, she should still make every effort to obtain liberation from her husband through Talaq bil Maal - divorce against money or khula.

مأخَذُ الفَتوی

كما في البحر الرائق : والمرأة كالقاضي إذا سمعته أو أخبرها عدل لا يحل لها تمكينه ( إلى قوله) أنها ترفع الأمر إلى القاضي فإن لم يكن لها بينة يحلفه فإن حلف فالإثم عليه الخ ( باب الطلاق الصريح الخ، ج ۳، ۲۵۷، ط: ماجدية )-
و في الفتاوى الهندية : والمرأة كالقاضي لا يحل لها أن تمكنه إذا سمعت منه ذلك أو شهد به شاهد عدل عندنا الخ ( الباب الثاني في إيقاع الطلاق ، ج 1، ص 354، ط: ماجدية )
و في رد المحتار : تحت (قوله كا لقضاء باليمين الكاذبة ) قالوا لو ادعت أن زوجها أبانها بثلاث فأنكر فحلفه القاضي فحلف والمرأة تعلم أن الأمر كما قالت لا يسعها المقام منه ولا أن تأخذ من ميراثه شيئا (إلى قوله ) و في الخلاصة : ولا يحل وطؤها إجماعاً بحر الخ (مطلب في القضاء بشهادة الزور، ج ۵، ص 4۰۵ : سعيد)-
و في فتاوى قاضي خان : وهم أصناف ، صنف لا يكون كلامهم شهادة لعدم الأهلية وأهلية الشهادة إنما تكون بالعقل الكامل والضبط والولاية والقدرة على التمييز بين المدعي والمدعى عليه فلا تقبل شهادة الصبيان والمجانين ( إلى قوله) فلا ينعقد النكاح بحضرتهم وكذلك شهادة النساء وحدهن الخ ( كتاب الشهادة ، باب فيمن لا تجوز شهادتهم ، ج ۵، ص 4۲۱ ، ط : رشيدية) -