Is the divorce that occurred remotely, without informing the husband, despite the possibility of communicating with him, considered void? And does the wife bear a sin for her deception to ensure this divorce? If so, what must she do to repent?
The ruling of a judge does not make unlawful what is lawful, nor does it make lawful what is unlawful. If a judge rules in favor of a person for something that does not belong to them, it is impermissible to take it, based on the Prophet Muhammad's (peace be upon him) saying: "Whoever I have decided for him something from his brother's right, he should not take it, for I have only cut for him a piece of fire thereby." A judge's ruling for the divorce of an absent husband whose whereabouts are known and who can be contacted is not legally valid, especially if the wife concealed from the judge her knowledge of the husband's location or phone number. The wife should file a new lawsuit stating the correct reason for divorce, such as lack of financial support, while being reminded of the prohibition of seeking divorce without a valid excuse.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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