Muhammadan Law‑Divorce (talaq)‑Shia Law insists on talaq being pronounced in presence of wife and two witnesses—Written deed invalid‑Manner of pronouncing not a matter of “proof” but of “substantive law” affecting validity of talaq.
In order that a talaq given by a Shia male to his wife be valid, it must be pronounced in the presence of the wife and two witnesses and a written divorce deed would be invalid unless it be established that the husband was incapable of pronouncing the talaq in this manner. This is mentioned in all text‑books without exception.
It is not with regard to proof of divorce that the Shia Law insists on two witnesses but to the very act of divorce and it cannot, therefore, be held that the requirement of the presence of wife and two witnesses relates to proof and not to substantive law.
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