Due to bad behavior with me and my 2 sons I verbally pronounced Talak thrice to my wife. She refused to acknowledge the Talak saying that there was no witness to the Talak. Thereafter I pronounced Talak in the presence of a Mufti and 2 adult muslim witnesses. The written talaknama was sent to my wife by speed post which she has refused to accept. Technically she claims to have not been divorced and her family members support her. I left my house immediately after this incident and have been living in a separate house with my 2 sons for the last 2 and half years. As per the Muslim law and the Sharia, is my Talak valid. If it is please issue me Fatwa which I can produce in court so that my Talak can be recognized.
Answer:
(Fatwa: 981/D=193/K=1431)
When you (husband) confess that you have given verbal and written talaq, then talaq took place, it will be considered as much as you pronounced it. The talaq will not be ineffective if she does not accept it and it will not stop the talaq to take place if she denies it. Write the same words which you have written for talaq, also write how many times you have said it? Also send the copy of divorce paper sent by you to your wife; then the fatwa can be issued regarding the number of talaq as well.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband