The wife heard the talaq, but the husband denies it

Question

Question: Zayd used to mistreat his wife. Her father went to bring her to his own home and made his intention known to Zayd, whereupon Zayd said: “If you take her now, I will set her free” (میں آزاد کر دوں گا). Having heard this, the wife’s father said to his son: “Their quarrel will go on.” Hearing this, Zayd said three times: “I have already given talaq” (میں طلاق دے چکا ہوں). The wife’s father took the girl away with him.

Answer

Since the woman heard with her own ears that he gave talaq 3 times, it is not permissible for her to give Zayd power over herself; whatever permissible way of avoiding Zayd lies within the woman’s power should be adopted: [ar]المرأة كالقاضي، لا يحل لها أن تمكنه إذا سمعت منه ذلك، أو شهد به شاهد عدل عندها[/ar] “The woman is like the qadi: it is not lawful for her to yield…

Source: Fatawa Mahmudiyya

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