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If a woman claims that her husband divorced her many times, does she need a witness to prove divorce (Talaq) or her saying would b enough as testimony? What if she don't have witness to prove her divorce? And will that divorce will be applicable? What is Islam's saying about this subject.

marked as duplicate by Rebecca J. Stones, III-AK-III, UmH, Medi1Saif, Kilise Jun 26 '17 at 14:46

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Shia View:

For a divorce to be valid, there needs to be at least 2 witnesses.

Source: http://alhakeem.com

This means that if a husband divorces his wife in private it is not valid.


Sunni View:

There is a dispute, but the majority agree on that Divorce doesn't have to be witnessed. However, there are many scholars like Alalbani that said that we need to stick with how the prophet and companions used to do and require divorce with witnesses.


Sources:

  • My 2cents: I do agree that its a huge must to have witness... or to document important issues...yet if a husband is to divorce his wife or vice versa...then doesn't it suffice to itself? I don't think you can say it's not valid... at most you can say it's not official! – Vazir Aug 8 '15 at 20:55
  • The presented answer looks correct from the viewpoint of Shia as @American Muslim remarked "For a divorce to be valid, there needs to be at least 2 witnesses." – اللهم صل علی محمد و آل محمد Oct 28 '15 at 14:37
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Look right now i could not come up with any reference but i hope others can follow this up by giving references.

I personally haven't studied this case and therefore i have no right to answer it but i will only quote the stance of a salafi scholar named"Abu Insha Qari Khalil ur Rehman"as i have heard it quite recently.

According to him a women testimony alone is not enough and needs a witness. If the witness approves the claim then divorce will happen but if she doesn't have a witness and her husband disapproves her claim then whether the husband is lying or not,the women will have to continue the marriage and her husband will be answerable at the day of judgement and she will not be guilty.

According to him this stance is maintained to continue the wordly affairs smoothly as humans are not capable of knowing lies and truth and will make decisions according to situation that comes up and therefor such mechanism are placed in order.

  • what if that woman don't want to live with her husband. Does Islam forces her to live with husband in any case? – Umar Aug 8 '15 at 20:05
  • If a woman does not want to live with her husband, then she can file a complaint to Qadi (or an equivalent organization in her local government) and ask for her divorce. – ozbek Aug 9 '15 at 8:37
  • @imran If you can not come up with the reference and you have not studied the subject why you are even answering ? – Waqas Aug 11 '15 at 11:06

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