In divorce, it is the husband's statement that should be taken into account
19-10-2009 | IslamWeb
Question:
once i am talking with my wife on a mobile phone. during talk due to some harsh behaviour of my wife i said " i gave you 1 talak"
she disconect the phone.
i have no wittnes.
my in laws said that you gave her 3 talak ,coz if she did not disconect the phone you may be say this 3 times.
tell me according to islam what is our position?
and what is the fatwa?
i truely telling you that i say only once. not after disconecting the phone.
i try to get call recording from my mobile service provider. but they refuse. that they have no record. please give my answer as early as possible ,
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.
Allaah, The Law Maker and The All-Wise put divorce in the hands of the husband and it is the husband’s statement that should be taken into account and not the statement of anyone else. If you affirm that you had divorced your wife only once, then it is your statement that is considered and not the statement of the family of your wife. In fact, the statement of the family of your wife that if the telephone conversation did not end you would have divorced her thrice should not be taken into account. Even if we presume that you intended to do so, then this does not have any effect because it did not actually happen.
If your wife is still in her waiting period from a revocable divorce, then you may take her back without a new marriage contract and she is not permitted to refuse to come back to you and it is not permissible for her family to prevent her from doing so. However, if you did not want to take her back until her waiting period expired, then she has the right to refuse, because in this case you cannot take her back except with a new contract which should fulfill all the conditions of the correct marriage contract among which are proposal and acceptance.
Finally, if there is any dispute between you and your wife and her family, then you should take the matter to an Islamic court in your country.