Islam

Islam

Monday, 28 October 2024

Is Divorce in Absentia Valid in Islam?

 


Divorce is the most hateful thing in the sight of Allah, but He has allowed it in the case of absolute need. If that is the case, then you can divorce your wife whether she is present or absent. You can convey to her your decision of divorce by writing and it is good to have two witnesses sign that.

However, it is not right that you divorce her three times. It is a bid`ah (innovation) and most reprehensible to pronounce divorce three times in one setting. You may divorce her only one time and once the `iddah is finished, she will be no more your wife. During the `iddah, after one or two divorces, you will have a right to cancel your divorce. After the third divorce, the husband is not allowed to take back his wife unless she is married to someone else and divorced from the second husband. The `iddah is three menstrual cycles or in case of pregnancy, until she delivers the baby.”

Responding to your question, Dr. `Abdul-Fattah Edris, Professor of Usul Al-Fiqh, at Al-Azhar University, stated,

The husband is not obliged to tell his wife before divorcing her and it is not necessarily for the wife to be present during the divorce. The Prophet (peace and blessings be upon him) deserted his wives for some time (about a month) without telling them.

Moreover, divorce can be applied through any considerable secure means; a written message, a phone call, an email, etc., as long as it is verified it is from the husband in person.

Allah Almighty knows best.'

- aboutislam.net

About Dr. Muzammil H. Siddiqi

Dr. Muzammil H. Siddiqi is the Chairman of the Fiqh Council of North America

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