Missing husband & Verbal Triple talaq in hanafi fiqh
Question
Assalamu Alaikum wa Rahmatullahi wa Barakatuh, Respected Mufti, A man (X) and a woman (Y) were married in 2020. They never met in person and communicated only by phone. In July 2022, during a phone call, the husband became angry and said to his wife multiple times: > “I am giving you talaq, I am giving you talaq, I am giving you talaq, I am giving you 100 thousand talaq. Now you also give me talaq.” Before this , in 2021 he also said talaq in two occasions and the wife warned him not to say talaq again and again. Her two brothers were present and heard this statement. After this, the wife ceased contact, believing the marriage had ended. However, the husband and his family now deny that any talaq occurred, and the husband is currently missing. It has been more than six years to their nekah and it has been 4 years that no whereabouts of the husband is known expect for the relatives of the husband. The husband was not a good person either as he excessively abused his wife for no reasons. Always doubted on her but she still remains with him. The matter is being considered in a court that follows strict Hanafi fiqh. My questions are: 1. According to Hanafi fiqh, does such a statement constitute talaq if it is proven to have been said? 2. If the husband denies it, will the testimony of the wife’s two brothers be accepted in a Hanafi court? 3. In such a case, what would be the likely court ruling regarding the validity of the marriage? 4. Can the wife marry somewhere else? JazakAllahu Khairan.
Islamic Ruling & Answer
VerifiedWalekumussalam warahmatullahi wabaraktuh,
If the husband truly repeated clear words such as:
“I give you talaq”
then according to Hanafi fiqh, this is considered an explicit divorce (ṣarīḥ ṭalāq), and the divorce takes effect even if the husband later denies it. Saying “one hundred thousand talaqs” is legally treated as three talaqs, which results in a final and irrevocable divorce (ṭalāq mughallaẓah).
If the woman’s two brothers personally heard these words and are considered reliable witnesses, their testimony may be accepted in a Hanafi court. The husband’s later denial does not automatically cancel the divorce, especially when witnesses and supporting circumstances exist.
Furthermore, the husband being missing for several years, completely cutting off contact with his wife, and failing to fulfill marital responsibilities may also be regarded by the court as an important supporting circumstance, particularly if his relatives know about his whereabouts while the wife has effectively been left abandoned.
Therefore, if a Darul Qaza or Shariah court establishes that the divorce did occur, the marriage will be considered terminated, and after completion of the ‘iddah, the woman may marry someone else.
Since this is a disputed and judicial matter, a final ruling should be sought from a reliable local Darul Qaza or Shariah court.
Answered by
Mufti Tosif Qasmi
May 17, 2026
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