Salaam Mufti Sb,
My sister and her husband had fight. During fight, as per my sister, her husband gave talaq more than three times by saying – “Mainey tujhey talaaq dee. Talaaq, talaaq, talaaq.” At the same time nephew & mother of husband were present.
My sister was already scared because of talaaq and on top of this, the in-laws asked her not to tell about the incident to anyone and told that they are checking with local ‘Maulana Sb or Mufti Sb’.
Sister waited for the response from them but it felt unsatisfactory to her and finally after two days she shared this incident with us.
As soon as I heard about it, I asked my father & brother to take her back to our home and I also asked them to inform her ‘Mother-in-law’ and ‘Sister-in-law’ only to avoid any fights or arguments with them.
After all this I called her husband asked him – “Did you say that?”. He denied. And he’s denying this to everyone now and even his nephew & mother too denying the same, but my sister is pretty sure about that he said – “Mainey tujhey talaaq dee. Talaaq, talaaq, talaaq.”
Kindly suggest what should we do now?
NOTE: Please note that my sister has two sons.
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Your sisters husband should be honest and say under oath, with the fear of Allah, whether he did utter the words of divorce or not. If he lies, the sin will be on him, and he will have to bear the consequences in this world and the hereafter.
If he takes an oath in the name of Allah and says that he did not utter the words of Talaaq, then no divorce will take place. However, if your sister is still sure that she did indeed hear the words of divorce, then as much as possible, she should keep a distance from this man. She should not treat him as a husband, and there will be no sin or obligation on her to fulfill any of his desires or needs. However, she should be sure, and if her version is incorrect and she keeps away from him, then the sin will be upon her.
And Allaah Ta’aala knows best
Ismail Moosa (Mufti)
والمرأة كالقاضي إذا سمعته أو أخبرها عدل لا يحل لها تمكينه وهكذا اقتصر الشارحون
وذكر في البزازية وذكر الأوزجندي أنها ترفع الأمر إلى القاضي فإن لم يكن لها بينة يحلفه فإن حلف فالإثم عليه ا هـ ولا فرق في البائن بين الواحدة والثلاث ا هـ (البحر الرائق – 3/ 277)
ولو قال لها أنت طالق ونوى به الطلاق عن وثاق لم يصدق قضاء ويدين فيما بينه وبين الله تعالى والمرأة كالقاضي لا يحل لها أن تمكنه إذا سمعت منه ذلك أو شهد به شاهد عدل عندها ولو قال لها أنت طالق عند وثاق لم يقع في القضاء شيء (الفتاوى الهندية – 1/ 354)