• Social Matters >> Talaq (Divorce)

    Question ID: 56298Country: India

    Title: Regarding Divorcing wife without any witnesses

    Question: I came to know my wife is involved in adultery with a guy, for which i have an evidence in the form of an audio conversation were she is clearly stating that she is in relationship with another guy & they are living like husband and wife for the past 2 years &only doing Nikah is remaining between them. I warned my Wife that i will Give talaq to her or if she wants she can sort it out mutually and gave her 1 month time.From August 31,2014, she is staying in her parents house. In between we tried to sort out mutually but with no results. After 1 month i went to her house spoke with her for sometime on this issue and said her i will never forgive u nor will accept u and i uttered the word Talaq 3 times to her, Later i told her father that i have given my faisla and informed the same to his brother over the phone. 1. Did talaq take place even is they were no witnesses to it? 2. IF yes please give references from Quran and Hadith for the same?

    Answer ID: 56298

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 32/32/M=01/1436) When you gave three talaqs to your wife and you confirm it then all the three talaqs took place on your wife. No matter if no witness was available at the time of talaq. The talaq took place and the relation of husband and wife came to an end. Now you cannot marry without a valid halalah. فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ [البقرة : 230]

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India