What is the ruling on needing witnesses to be present at the time of divorce

CategoriesDivorce [572]

Fatwa ID: 01689

Answered by Mufti Mohammed Tosir Miah

Question:

What is the ruling on needing witnesses to be present at the time of divorce as mentioned is surah talaq 65: 1-2 where it says bring two witnesses?

 Answer:

Bismillah

Allah subḥānahu wa ta'āla (glorified and exalted be He) says:

“Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you (Muslims). And establish the testimony for Allah. That will be an admonition given to him who believes in Allah and the Last Day. And whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).” (Surah Talaq v.2)

Towards the end of the waiting period, when a decision is made either to revoke the divorce or to release her, it is commendable in both places to call two upright persons to witness the decision. This procedure of having two witnesses is according to the majority of the jurists is considered to be desirable and not mandatory.

The wisdom of having two witnesses is to eradicate any possible dispute that may arise later. In case the husband decides to revoke the divorce, it is possible that the wife may deny it. (Maariful Qur’an p.502 v.8) 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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