Tuesday, November 22, 2011

Whose Word Is To Be Taken When Husband And Wife Disagree On How Many Times "Divorce" Was Pronounced?

Question posed to Imaam Shaykh Muqbil Ibn Haadi Al-Waadi'ee (may Allaah have mercy upon him)

Q. A woman left her husband and went to the house of her sister. She has children with their father. The husband sought from her (his wife's) sister to bring harmony between them. When the sisters gather together against her she says: "I will not go back to him because he divorced me six times and I was like a foreigner with him." When she mentioned that he (the husband) says: "I don't remember." Whose statement do they take? Do they take the statement of the woman or the statement of the man?

A. "The burden of proof is upon the claimant and the affair of swearing by Allaah is upon the one who denies the claim. As for that which is apparent, she is the one claiming that he divorced her. It is a must that she brings witnesses (who will testify) that he divorced her. If she doesn't bring any witnesses, there's nothing upon him to do except to swear by Allaah (denying her claim), this is in what is apparent. As for that which is between them and Allaah, if she knows that he indeed divorced her more than three times or three times, it is not permissible for her to allow him to have relations with. That is because he will be considered one who has committed Zinaa (adultery) with her."

Source: Fataawaa al-Mar-ah lil-Imaam al-Waadi'ee, pg. 234 Question #264

Sisters Upon Al-Istiqaamah