The husband’s denial after pronouncing talaq and a witness’s refusal to testify

Question

Question: Kusuma was married (nikah) to Muhammad Ibrahim. A few days later Muhammad Ibrahim began to cause Kusuma hardship, and Kusuma came away to her parents’ home. Two or three years passed somehow, and then Kusuma’s mother said to Muhammad Ibrahim: “Give talaq and take your jewellery.” Muhammad Ibrahim said: “All right, give me the jewellery and I will give talaq.” So the jewellery was given to him, and he gave talaq; the witnesses to this are Muhammad Yunus and Budhu, and two Hindus were also present.

Answer

If a case of talaq has been brought on Kusuma’s behalf before a shar‘i council, and only Muhammad Yunus remains as a witness while Budhu will not testify, then the council will not rule in her favour by treating Kusuma’s claim as proven on the testimony of a single witness. A single witness is not made to stand in place of two witnesses by having him take an oath.

Source: Fatawa Mahmudiyya

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