Her husband denies divorcing her three times

21-12-2014 | IslamWeb

Question:

salam my husband used to beat me an abuse me i gave him many chances then i came to my parent's home after physically torture. My husband came to my parent' home after 2 months and misbehave with me and my parents' He gave me 3 divorce at a time and left, Almost 2 months have passed now he filled the case that she is my wife and her parents force her to live with them Is divorce occur??

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

A husband who beats his wife and mistreats her, and mistreats her parents is an evil man as he is commanded in Islam to be kind to his wife and to his in-laws. Please refer to Fataawa 88304 and 86618.

Also, there are legal conditions for beating the wife which we have clarified in Fatwa 165041.

There is a difference of opinion among the scholars on the issue of the three divorces pronounced in one instance; this is explained in Fataawa 82330 and 83467; so please refer to them.

The scholars have also clarified the ruling if a husband divorces his wife three times and he denied the divorce while she has no proof about this; she should not allow him to have sexual intercourse with her and she should escape and offer compensation to be released from the marriage contract because she is not allowed to allow him to have sexual intercourse with her. 

Finally, it is more appropriate for the courts to study the case and issue the appropriate ruling.

Allaah Knows best.