Irrevocable divorce signed by husband in front of witnesses

21-2-2006 | IslamWeb

Question:

I sent a question before but actually the answer given to me does not resolve my question. The link was http://www.islamweb.net/ver2/Fatwa/ShowFatwa.php?Id=2105118&Option=QuestionId&lang=E The divorce already happened in front of Shaykh (registrar+2 witness) and a divorce certificate is issued for the third time and after that the husband claims that he did not utter the divorce and he had no intention, however he signed the divorce certificate in front of Shaykh!

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

If a husband divorces his wife in front of two witnesses and the court registrar has written divorce papers based on the testimony of the two witnesses, then divorce takes place even if the husband denies it as the proof is established against him that he divorced his wife. What is proven against him with evidence is as if it is proven by him testifying to it. His wife may marry whomever she wishes after her waiting period is expires.

Al-Karaabisi from the Hanafi school, said: 'If two witnesses testify in front of a woman that her husband divorced her three divorces, and the husband denies it, she is not allowed to allow him to enjoy her, and the judge is obliged to rule according to the statement of the two witnesses.'

Finally, we advise you to take the matter to the nearest Islamic centre so that they would study the matter and listen to the statement of the husband and the two witnesses. Indeed a mere Fatwa that is issued according to the question is not enough in such matters, rather, the issue should be brought to legal judges so that they may listen to the views of the disputing parties.

Allaah Knows best.