When the Husband and Wife Disagree on the Form of the Divorce

Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh 'A. Z. S., may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (417), dated 19/11/1390 AH, has been received, may Allah guide you. It contains the information that a dispute arose between the husband M. and his wife before you. He claimed that his wife angered him, so he divorced her with three divorces in one word, and then he took her back the day after the divorce occurred. His wife responded that he divorced her by saying: "You are divorced, then divorced, then divorced," and that her brother corroborated her in this. The husband denies this and claims that her brother is an adversary. They have no evidence other than what was mentioned. You requested our opinion on what we see in this matter, which is known.

Answer: It is not hidden from your virtue that the rule in such a matter is: the word of the denier is accepted with his oath. Therefore, the word of the aforementioned husband is accepted if he swears to it, and the claim of the woman and her brother is not accepted unless with just evidence. As for the statement of some jurists: that the oath is in marriage and divorce, and other issues, as in Mukhtasar al-Muqni' and al-Rawd and others, that is a statement that contradicts the evidence, so it should not be relied upon; due to the saying of the Prophet (peace and blessings be upon him): the hadith. And he (peace and blessings be upon him) did not exclude marriage or divorce. May Allah guide everyone to hit the truth, for He is the Hearing, the Near. And may peace be upon you and the mercy of Allah and His blessings.