Message No : 27Sr.No : 534/724
Question By : mazhar ahmad

askm,
dear mufti sahab,I have problem,one of my friend married a girl whose talaq is disputable.girl and her family says that she had been divorced by her husband but husband and his family says that he never uttered a single word of talaq to her.and she has been staying with her parents for 5 years(separate from husband).then after that time she married my friend.
what is the legal status of this marriage in shariah?
note that my friend already living with this women for quite a few years and they have a child also.

jazakallah

 

Reply By : Muhammad Asad Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

One party that is girl and her family is claiming that the Talaq was done while the other party of her husband and his family is denying that. So in this condition , you have to go to Darul Qazaa; it is a matter of Qazaa. The girl should give proof to her claim. If she can do it then it is ok and she will be considered Mutallaqah (divorced), and if she can not prove then her husband should take oath. However it is better for both parties to concern any nearest Darul Qazaa to get proper Shariah decision in such disputable matter. (And Allah knows best)

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