🚪 Divorce, ʿiddah & rujuk · #15

The husband is unsure whether he has pronounced talaq two or three times. What now?

When in doubt about the number of talaq, the fiqh rule is to hold to the number that is certain, namely the smaller one.
The maxim "certainty is not removed by doubt" applies: if in doubt between two and three, it counts as two. However, scholars advise caution (wara') because this concerns whether the relationship is lawful or forbidden.
In Malaysia, court and religious affairs office records are the main reference. If any talaq was never confirmed, apply for confirmation now so the number is clear. Do not go on living together in doubt without consulting the Syariah Court or the mufti. See talaq & divorce.

Sources

Fiqh maxim: al-yaqin la yazulu bi al-syakState Enactment

← PreviousWhat is the difference between explicit (sarih) and allusive (kinayah) divorce words?Next →Divorced before consummation (no dukhul): is there ʿiddah and mahr?

Related questions

The husband pronounced triple talaq at once — does it count as three or one?This is a disputed issue: the majority of the four schools hold it counts as three, while Ibn Taymiyyah and some fatwa councils hold it…After triple talaq, can I remarry my former husband?Yes, but only after the former wife has validly married another man, the marriage has been consummated, and she has then been…The husband has been missing for years with no word of where he is. How can the wife be freed?The wife may apply for fasakh at the Syariah Court if the husband's whereabouts have been unknown for the period set by law…Is the ʿiddah after khulʿ or judicial dissolution (fasakh) the same as after talaq?Yes, in the Shafi'i school the ʿiddah after khulʿ and fasakh is the same as the ʿiddah of talaq: three quru' (three periods of purity), three…A husband is forced or threatened into pronouncing talaq: does it take effect?A talaq pronounced by a husband who is genuinely coerced under serious threat does not take effect, according to the majority of scholars.…My husband pronounced talak, or we divorced, abroad. How is it confirmed in Malaysia?A divorce abroad needs to be registered or confirmed in Malaysia so your status is recognised, especially for remarriage…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer