Is the wife's presence a condition for the validity of swearing by divorce, and what is the ruling on swearing by it without her presence? Is it permissible for the 'ismah (right to dissolve the marriage) to be in the hands of the husband or the wife, and what are the Sharia evidences for that?

The wife's presence is not a condition for the divorce to take place; rather, it occurs whether she is present or absent, because the Sharia does not stipulate her presence. To ascertain the occurrence of divorce, one must examine the wording used and the circumstances surrounding the one who swore the oath and the one about whom the oath was sworn.