Back to search
The question

How can a husband residing in Saudi Arabia divorce his wife who is living outside of it with a definitive divorce (طلاق بائن) without resorting to the Saudi courts, and what are the conditions and regulations for that?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Divorce is the most detestable of permissible acts due to the harms it entails. It is recommended to hold onto the wife and be patient with her, even with dislike, based on the Almighty's saying: "And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it much good." And based on the Prophet's (peace be upon him) saying: "Let no believing man hate a believing woman; if he dislikes one of her characteristics, he will be pleased with another."

However, if one resolves to divorce, its legal form is to divorce her while she is pregnant or during a period of purity in which he has not had intercourse with her. It is done by uttering the divorce pronouncement, and it takes effect without requiring documentation, witnesses, or the wife's knowledge. However, documentation is advised to prevent disputes, and it is permissible to appoint an agent for its documentation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
96486
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy