Husband denying issuing three talaaqs

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My husband has divorced me many times in breaks of months in private only in fulll words two times and once ke tujhe talaaq pe talaaq. Third time he said ke jaa tujhe teesri talaq. But he didn’t have any knowledge at that time that through uttering in such a way, talaaq happens and he had no intentions also. Now he is denying every talaaq and saying that I just gave once talaq and all muftis here in India are taking his side saying that aadmi ki gawai maani jayenge if I don’t have any proof and witness. He is ready to take Quran oath and do Tajdeed-e-nikaah with me. What should I do as I am really confused because some are saying that he is still your husband and some are saying that your talaaq is valid and you take khula from him. What is the real Islamic way if the husband gives talaaq and later denies it by lying? If I go with him, will I be committing zina? Please help me. Is my talaaq valid? What should I do?

Bismillaah

A: If the wife hears the husband issuing three talaaqs, then it will not be permissible for her to continue living with him. Through the husband issuing three talaaqs the nikaah immediately terminates. Hence, if the wife continues to live with him, then they will be living in zina. If the husband confesses that he had issued one talaaq but denies issuing three talaaqs, then though it will not be permissible for the wife to live with him as she is certain that he had issued three talaaqs, but at the same time it will not be permissible for her to remarry since there are no witnesses to disprove the claim of the husband and according to the claim of the husband since he has revoked the talaaq and taken her back, she is still in his nikaah. In this situation we suggest that the wife goes to the Jamiatul Ulama of her locality and explain to them her situation and ask them to make faskh of her nikaah (annul her nikaah) as it will not be permissible for her to continue living with him.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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