Does Doubt About A Third Talaq End The Marriage?

Answered by Mawlana Ilyas Patel

Question

We are certain about two divorces, but for a third incident, neither of us remembers whether my husband actually issued a talaq after saying, “I will divorce you if you don’t cut the call.”

Since we cannot recall his words, is our marriage still valid?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I hope you are in good health and faith. Thank you for your question.

You are sure of two divorces but unsure about a third statement. Doubt doesn’t override certainty, so the third divorce isn’t counted unless clearly remembered and proven by both of you.

The legal maxim is that “Certainty is not removed by doubt,” and “mere possibilities are of no consequence.”  That is, legal rulings are not based on mere possibilities that lack reasonable certainty or assurance. [Ibn Nujaym, al-Ashbah wa al-Nadha’ir]

Divorce Is a Serious Matter

Divorce is serious and should only be pronounced after advice and consultation with a reliable scholar. Many people say it and find themselves breaking up a family in a terrible situation simply because they didn’t understand, learn, and follow the clear rules and procedures.

Given the complexities involved in such matters, we strongly recommend that you consult reputable local scholars who can address the specific nuances of your situation.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• OCD, Baseless Misgivings (Waswasa) and Divorce
• Conflict Resolution in Marriage: A Comprehensive Guide – Shaykh Faraz Rabbani
• Marriage and divorce Archives – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.