The validity of divorce in the absence of witnesses and the non-necessity of pronouncing three Talaqs

Q. Is it true that divorce is not valid in the absence of witnesses? Is it really necessary to pronounce three talaaqs?

A. According to Islamic law, divorce (talaaq) pronounced by a man of full age and sound mind is equally valid in writing as well as verbally and regardless of whether there are witnesses or not.

In order to divorce, it is not necessary to pronounce three "talaaqs". Moreover, it is forbidden to pronounce three talaaqs together and at the same time; but if one does so, the talaaq will take effect and will be valid. Obviously the one who pronounces the talaaq in this prohibited way is a sinner.

It must be emphasized that although it is permissible, it is not recommended to pronounce two or three talaaqs during different periods of the woman's purity. It is far better to give a single talaaq during a period of purity of the woman (i.e. outside the period of menstruation) and during which there has been no sexual intercourse and then to allow a period of three "Haiz" (menstruation) pass. After this period, the woman will be considered outside the Nikah.

[English version of "La validité du divorce en absence de témoin et la non-nécessité de prononcer les trois talaaqs" – Al Haadi – Vol. 3 No. 1]