TALAAQ – SHE IS HER OWN QAADHI

Q. A man uttered Talaaq thrice to his wife. Later he denies this. Since the wife had no witnesses to support her claim, a Mufti ruled that the Nikah is valid and that the woman must remain with this man. What is the Shariah’s ruling? What should the woman do when she is sure that her husband had issued three Talaaqs?
A. According to the Shariah, if the wife has certitude of the fact that her husband had uttered Talaaq thrice, then she should accept it as such regardless of what the Muftis say or rule. She should not submit to the Mufti’s ruling. She should understand that the man is a liar. It is incumbent for her to separate herself from the man. The Nikah is no longer valid. In a conflict of this nature, the Shariah’s principle is: Almar’atu qal-Qaadhi , i.e. the woman is like the Qaadhi. As long as she has certitude, she should acquit herself like the Qaadhi and ‘rule’ that the Nikah has ended. But she must understand that Allah Ta’ala is fully aware of her intention. As long as she knows that her claim is the truth, she should act as the Shariah entitles her.

 
Q. If a strange man makes salaam to a woman and if she believes that he will initiate an unnecessary conversation, can she refuse to respond to his salaam?
A. In fact it is not permissible for a woman to respond to the Salaam of a strange man (ghair mahram) even if he will not start an unnecessary conversation. A woman
should not say Salaam to a strange man nor respond to his salaam.

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