Supplement to the Question: The Court’s Judgment on the Witnesses of Talaq

Question

Question: To complete the answer, a copy of the court’s judgment was requested from the questioner. Accordingly, the questioner sent a copy of the judgment along with the necessary information. An extract of the judgment is reproduced together with the questioner’s letter; after that the answer will be reproduced. (Extract of the court’s judgment.) “The principal matter requiring determination in this appeal is whether the talaq is proven by testimony or not.

Answer

If these witnesses are upright (‘adil) and reliable (thiqa), then under the Shari‘a the talaq has taken effect. For although the testimony of the mother is not accepted under the Shari‘a, the testimony of the brother is accepted: [ar]ويجوز شهادة الأخ لأخته، كذا في محيط السرخسي[/ar] “The testimony of a brother in favour of his sister is permissible; so it is in al-Sarakhsi’s…

Source: Fatawa Mahmudiyya

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