Husband claiming he issued two talaaqs whereas witnesses claim he issued three talaaqs

Q: A married couple had some marital disagreements, after which they sought the advise of a local aalim. Talaaq was pronounced. According to the husband, he said it twice but according to the aalim and another witness, talaaq was pronounced thrice. The couple wishes to reconcile, the wife is still in her period of Iddah. Can they reconcile?

A: If there are two witnesses like in the case under discussion, the aalim and the other person and they testify that three talaaqs were issued then the three divorces are valid. The wife is totally haraam for him. If they wish to reconcile then the procedure of halaalah will have to be adopted where the woman will have to marry another person, consummate the marriage with him, and when he dies or divorces her, she must complete her iddat. Upon completing her iddat, she can remarry her first husband.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)