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The question

Is the divorce that occurred between the spouses considered Islamically valid, given that the husband did not utter the oath of divorce himself, but rather agreed to it verbally before the judge, and the divorce was judicially enacted without their presence?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a woman requests a divorce and the husband agrees before the judge, and then the judge divorces her after some time, the divorce is valid. The husband's agreement to the divorce before the judge means he has authorized the judge, and whoever authorizes another to divorce gives the agent the authority to divorce, whether the principal is present or absent. The judge's authority is further extended in that he has the power to divorce if the wife is harmed and the husband refuses to divorce her. Therefore, if a woman receives a divorce decree from the court, there is no objection to marrying her.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
9805
Imported
Translation status
Source text, unreviewed
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