Can divorce be proven by the testimony of witnesses who heard the husband pronounce the divorce, and what are the jurisprudential sources that addressed this issue?
If the husband acknowledges the divorce, then his father's denial is not taken into consideration, and the divorce is valid even without witnesses. If the husband denies the divorce or claims reconciliation, the matter must be referred to the court. Judgment will be made based on the testimony of two just witnesses, and the father's testimony may be accepted if he is just, or by a single witness if the husband refuses to take an oath. Other circumstantial evidence will also be taken into account. If the judge rules that the marital bond remains, the wife is not permitted to allow her husband intimacy if she knows that a divorce has occurred, and she must ransom herself if she can. The final decision rests with the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 71857
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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