Fatwa ID: 05365

Answered by: Mufti Muhammad Adnan

Question

My niece has been married for 11 years to her husband. He is a regular drug user and he been abusing her wife and kids for money. He gives her three Tallaks on different days after the third talaq she kicked him out of the apartment which is under her father’s name. Now he is denying under the Oath and saying my wife lying about divorce. What does Shariah say in this situation?

In the name of Allah, the Most Beneficent, the Most Merciful.

Answer

If a woman is certain that her husband gave her three divorces but the husband denies so, it will not be permitted for the woman to stay in such a marriage. She must treat the marriage as if it is void. There is no need for any witnesses either in this scenario. If the husband still refuses to accept that the marriage is over, she may offer the man a financial incentive to accept or she may approach an Islamic Shari Council and ask them to intervene.(Fataawa Raheemiyyah v.8 p.268-283)

Only Allah Knows Best

Answered by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham