Is it permissible to act upon the pronouncement of divorce with witnesses —especially since it is directed at the Shafi'is— given our knowledge of your preference not to require witnesses, and is it a condition to bring the two witnesses and inform them to achieve the element of intent, or is their presence and the husband's utterance of the divorce sufficient, and is the husband's statement of not intending divorce accepted if he denies it in front of their testimony?
Witnessing is not a condition for the validity of divorce. This is explicitly stated in the books of the Shafi'is and others. As mentioned in Al-Umm by Al-Shafi'i, none of the scholars believe that divorce without evidence is forbidden. In Tuhfat al-Muhtaj, their consensus on the non-obligation of witnessing at the time of divorce is mentioned. In Al-Mabsut by Al-Sarakhsi, it is stated that witnessing a separation is recommended, not obligatory. In Tafsir al-Qurtubi, it is explained that the command for witnessing in the noble verse refers to reconciliation (ruj'ah), not divorce. Based on this, it is not permissible to act upon the opinion that witnessing for divorce is obligatory.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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