Husband claiming he issued two talaaqs whereas witnesses claim he issued three talaaqs
Question
A married couple had some marital disagreements, after which they sought the advise of a local aalim. Talaaq was pronounced. According to the husband, he said it twice but according to the aalim and another witness, talaaq was pronounced thrice. The couple wishes to reconcile, the wife is still in her period of Iddah. Can they reconcile?
Answer
If there are two witnesses like in the case under discussion, the aalim and the other person and they testify that three talaaqs were issued then the three divorces are valid. The wife is totally haraam for him. If they wish to reconcile then the procedure of halaalah will have to be adopted where the woman will have to marry another person, consummate the marriage with him, and when he dies or divorces her, she must complete her iddat. Upon completing her iddat, she can remarry her first husband.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/30265
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-30265
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
Mufti Online · 211 fatawa from 7 Darul Iftas on this
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