Ruling on having witnesses when divorcing
31-3-2009 | IslamWeb
Question:
Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him.
- Al-Quran [65:2]
I received a email from one of muslim brothers that Shaikh Abdussamad Madani has interpreted that the above verse indicates that two witnesses are mandatory while pronouncing "Talaq" or taking the wife back during "Iddah". What I understand is that the two witnesses are not required while saying "Talaq" and only required if the husband decides to take her back or part from her. Kindly clarify as this would otherwise mislead our muslim brothers.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, you should know that there is an old controversy among the scholars 
about both matters; we mean having witnesses when divorcing and when taking the wife back.
The view of the majority of the scholars about both issues is that it is desirable to have witnesses because they interpreted the order in the verse to imply desirability. The view we adopt in Islamweb and think to be the preponderant opinion is the view of the majority of the scholars .
The Shaykh whom you mentioned in the question –if he is a scholar –and he believes that the preponderant opinion is this view [which you mentioned in the question] and he issued a Fatwa accordingly, then he issued the Fatwa according to his Ijtihaad (a juristic opinion on matters which are not specified in the Quran or the Sunnah) and he is rewarded whether or not he is correct.
Since the issue is a matter of Ijtihaad, then the term ‘mislead’ which you mentioned in the question should not be used about it.
Allaah Knows best.