Question: My husband gave me three Talaaqs, but now denies it although I am absolutely certain about this. He went to a Mufti who said that if I do not have witnesses, then the Nikah is still valid, and the word of the husband will be taken. Now what must I do when I know for a certainty that my husband gave me three Talaaqs. He has no Deeni scruples, therefore he denies the Talaaqs. He does not care if he will be living in the state of adultery. What should I do?
ANSWER: The issue for you is quite simple. You do what the Shariah tells you to do, not what the errant mufti advised the man who is no longer your husband. The Mufti is not a Qaadhi. The issue of witnesses is therefore superfluous. According to the Shariah, in Talaaq issues of this nature, the word of the wife is final. The principle underlying this is: The woman is like a Qaadhi. That is, in so far as she herself is concerned, she should decree that the three Talaaqs have been issued and separate herself and sit in Iddat, regardless of the tantrums of the man (the ex-husband).
Regardless of what any Mufti rules, the woman should remember that it is her Shar’i right , in fact obligation, to make the decision when the husband denies having issued Talaaq and she is absolutely certain that he did give Talaaq. She should reject his false claim and understand that he is a liar lacking in fear for Allah Ta’ala, hence his satanic denial.
No amount of fatwas can negate this right which wives have, and no Mufti has the power, either coercive or moral and spiritual to compel her to remain with a man who has given her three Talaaqs or even one Talaaq Baa-in which terminates the Nikah.