عربي
08 Jamadi al-Awwal 1444  ,  02 December 2022

*Fatwa and Sustainable ... Date Added: 31-10-2022

Iftaa` Department and the ... Date Added: 25-10-2022

Achievements of Iftaa` ... Date Added: 23-10-2022

Fatwa is Accepted only from ... Date Added: 19-10-2022

"The Role of Religious ... Date Added: 09-11-2022

If a Man Fights or Abuses ... Date Added: 02-11-2022

The Prophet`s Birth ... Date Added: 02-11-2022

Scary Questions about ... Date Added: 01-11-2022

Search Fatawaa


Subject : : Ruling when Husband is Unsure which Wife he had Divorced

Fatwa Number : 3558

Date : 27-02-2020

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

What should the husband do when he is unsure which of his wives he had divorced?



The Answer :

Praise be to Allah, The Lord of the Worlds.

Allah has granted man the power of divorce, and he is to be checked with in this regard. Thus, if he is unsure whether he had divorced his wife or not then she isn`t considered divorced. This is because the marriage contract is certainty and, in principle, it must stay as such based on the famous jurisprudential maxim "Certainty isn`t removed by doubt."

According to Shafie and Hanafie jurists, if the husband was certain that he had divorced one of his wives, but forgot which, then he must stop making love to them until he remembers. Kindly check {Tohfat Al-Mohtajj, 8/70} and {Bada`i` As-Sana`i`,3/229}.

Maliki jurists hold the view that if the husband forgot which of his wives he had divorced then all of them are considered divorced. Kindly check {Minah Al-Jaleel, 4/144}.

One the other hand, Hanbali jurists are of the view that he should toss a coin. Kindly check {Khashaf Al-Khina`, 1/50}. However, Ibn Qhoddamah, a Maliki jurist, holds the opinion that the coin should be tossed to decided which inherits him, in case he had died, and not which he had divorced. {Al-Moghni, 7/497-498}.

In conclusion, if the husband had divorced one of his wives then forgot her, he should cease making love to all of them until he remembers her. Moreover, Islamic authorities are in charge of issuing rulings on such cases. And Allah The Almighty knows best.

 






Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.