Is it permissible to act upon a fatwa that supports the new Egyptian law and the Personal Status Code, and considers attestation (ishhad) in divorce a condition for its occurrence, based on the premise that divorce is not legally recognized except with attestation and documentation, thereby preventing the denial of divorce and limiting its use for trivial reasons?
In summary: The legal provision stating that "the attestation and documentation of divorce are not considered valid evidence in case of denial, except with attestation and documentation" is correct when the husband denies the divorce, as his word is accepted, and the claimant must provide proof. However, if the husband admits to the divorce, attestation is not required for it to be valid. This is the view of the majority of scholars, and a consensus has been reported on it, although a minority of scholars have held that attestation is obligatory and a condition for its validity. Even if attestation were obligatory, it does not mean that it is a condition without which divorce cannot occur, because the matter does not require immediacy, and making something a condition requires specific evidence beyond the evidence of obligation.
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- Ftawy
- Original fatwa ID
- 143935
- Imported
- Translation status
- Source text, unreviewed
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