She is married but her ex-husband claims that she is still his wife
14-12-2015 | IslamWeb
Question:
Assalaamu alaykom, I was married in 2008 as a second wife. My husband and I had many arguments; on one occasion, he divorced me twice with the words of talaq (divorce). He took me back the same day, but after a year we separated, and he said that I was free. I asked him whether we were married and he replied in the negative. Later, under pressure, he gave three written divorces which he signed and verbaly pronounced three divorces again. I did not not hear him pronounce it, but others did, so I married someone else. He now says that he did not divorce me and had no intention for that, and he swears by Allaah that I am still his wife, he wants to take an oath infront of a mufti and says that he never intended any divorce. I am very confused, am i still his wife, and is the new marriage valid or not? I am afraid to have fallen into sin, please tell me what is right. May Allaah reward you.
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.
Firstly, you should know that what you have mentioned in the question is related to disputes; it is not enough to settle for a fatwa issued based on the information provided by one side, i.e. the questioner. Such disputes should be referred to religious courts or what substitutes it, like Islamic centers, for they are worthier of looking into such disputes. The judge should listen to the account of both sides and investigate the husband’s intention where it counts. Moreover, the judge’s verdict is final and binding as far as disputes over matters open for ijtihaad (personal reasoning) are concerned. The importance of referring the case to the religious court is rather emphasized given the fact that you are now married to another man.
However, we say the following only for benefit:
Firstly: Your words, "he divorced me twice," if you mean that he said to you, "You are divorced. You are divorced," then divorce has taken effect and it counts as two occurrences of divorce unless he intended the second utterance to be a mere confirmation. Scholars held different views regarding whether the triple divorce counts as one or three occurrences of divorce. Please refer to fatwa 94110.
Secondly: When a husband says to his wife, "You are free," then that counts as a metaphor of divorce, not an explicit one; the husband’s intention is the criterion in determining whether a divorce takes effect or not. If the husband intended a divorce while uttering these words, then the divorce takes effect, and if not, then it does not take effect. Please refer to fatwa 90531. The same applies to his answer to your question, "Are we married?" His intention while uttering those words is the criterion in this regard.
Thirdly: The written divorce is considered a metaphor of divorce; it does not take effect except if the husband intended it, as highlighted in fataawa 89894 and 90243.
Fourthly: If he uttered the words of divorce thrice in your absence and this has been verified by witnesses, then the divorce takes effect and the wording should be further investigated as whether it counts as one occurrence of divorce or three occurrences.
Allaah knows best.