A case of talaq and the court’s judgment

Question

Question: What do the scholars of religion and the muftis of the firm Shari‘a say about the following: before the bride’s send-off to her husband’s home, a dispute arises between Zayd and the heirs (family) of his wife by nikah, Hinda, such that Zayd pronounces talaq on his wife Hinda; then, when Hinda’s relatives intend another marriage for her, Zayd denies having pronounced talaq. Out of necessity the matter goes to court: a suit for the establishment of the talaq is filed on Hinda’s behalf.

Answer

If the said witnesses are upright (‘adl) and trustworthy (thiqa), then according to the Shari‘a talaq has taken effect on Hinda; and since Hinda is a wife with whom the marriage was not consummated (ghayr madkhula), Zayd no longer has even the right of taking her back (ruju‘) from this talaq.

Source: Fatawa Mahmudiyya

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