Testimony of Sons Regarding Talaq

Question

Question: A man quarrelled with his wife and, becoming angry, said: “I will give talaq” — but he did not give it. The woman stated: “My husband, naming me, clearly gave three talaqs three times with the word ‘talaq’.” Their own two sons — sane, adult and upright (‘adil) — are present; they are witnesses. Both testified: “My father, naming my mother, gave talaq three times with the word ‘talaq’; we heard it ourselves, but we do not know the number.

Answer

In the case asked about, the woman claims talaq and the husband denies it; the two sons testify in the mother’s favour against the father; therefore the sons’ testimony will not be acceptable in the Shari‘a, because it is in the mother’s favour.

Source: Fatawa Mahmudiyya

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