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Sunan Ibn Majah 2038 (Book 10, Hadith 23) #31390
Divorce Testimony in Islam

SUMMARY: The hadith explains that if a woman claims her husband has divorced her, and she brings a witness of good character to testify, the husband should be asked to swear an oath. If he swears, it invalidates the testimony of the witness. If he refuses, it is equivalent to a second witness and the divorce will take effect.

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that: the Prophet said: "If a woman claims that her husband has divorced her, and she brings a witness of good character (to testify) to that, her husband should be asked to swear an oath. If he swears, that will invalidate the testimony of the witness, but if he refuses then that will be equivalent to a second witness, and the divorce will take effect".
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا عَمْرُو بْنُ أَبِي سَلَمَةَ أَبُو حَفْصٍ التَّنِّيسِيُّ، عَنْ زُهَيْرٍ، عَنِ ابْنِ جُرَيْجٍ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، عَنِ النَّبِيِّ ـ ـ قَالَ ‏ "‏ إِذَا ادَّعَتِ الْمَرْأَةُ طَلاَقَ زَوْجِهَا فَجَاءَتْ عَلَى ذَلِكَ بِشَاهِدٍ عَدْلٍ اسْتُحْلِفَ زَوْجُهَا فَإِنْ حَلَفَ بَطَلَتْ شَهَادَةُ الشَّاهِدِ وَإِنْ نَكَلَ فَنُكُولُهُ بِمَنْزِلَةِ شَاهِدٍ آخَرَ وَجَازَ طَلاَقُهُ

TOPICS
divorce  *  testimony  *  oath  *  witness  *  talaaq  *  shahadah  *  yameen  *  shaheed

QUICK LESSONS:
Respect people’s testimonies even when they are not backed up by other witnesses or evidence; Be honest with your words; Do not take your words lightly; Swear an oath only when necessary; Follow justice in all matters related to divorce proceedings

EXPLANATIONS:
This hadith explains how divorce is handled in Islam. According to this hadith, if a woman claims that her husband has divorced her and she brings a witness of good character to testify this claim, then the husband should be asked to swear an oath. If he swears an oath then it invalidates the testimony of the witness but if he refuses then it is equivalent to having two witnesses and thus making the divorce take effect. This hadith teaches us about justice as well as respecting people's testimonies even when they are not backed up by other witnesses or evidence. It also teaches us about being honest with our words and not taking them lightly since swearing an oath can have serious consequences for both parties involved in such cases.

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