When the husband denies talaq and the wife claims it, shar‘i testimony is required

Question

Question: An adult woman, who (?) has a young girl in her arms, says: “My husband gave me talaq verbally.” She is at her parents’ home. Her relatives (heirs) went to the community council for its completion (?). A hafiz who is the imam of the mosque and a woman say that the man said in their presence: “I gave talaq three times” (میں نے تین دفعہ طلاق دیا). Moreover, the imam of the mosque also says that the man was lying on his rope bed, and when I came near, the man had sat up.

Answer

In the case asked about, the man denies the talaq and the woman is the claimant; therefore shar‘i proof is required — that is, until at least two upright persons (‘adl), or one upright man and two upright women, testify, the talaq will not be established judicially (qada’an).

Source: Fatawa Mahmudiyya

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