Back to search
The question

Does a divorce take effect if the wife affirms it and the husband denies it, with no witnesses present?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the husband denies the occurrence of divorce, and the wife claims it happened without proof, then the husband's statement is given precedence because the original state is the continuation of the marital bond. Some scholars have favored believing the husband with his oath. However, if the wife is certain that her husband has divorced her three times, then she is not permitted to allow him intimacy and must distance herself from him as much as she can, and seek an annulment (khul') if she finds a way to do so.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
95392
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy