Is it valid for a divorce to be issued by the court without the husband's presence, given that the husband desires the divorce and has authorized his wife's family to file a divorce lawsuit, knowing that he has not uttered the oath of divorce and has given her all her rights?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The fundamental principle is that divorce is valid only when pronounced by a legally competent and willing husband. However, there are cases where divorce becomes effective by a judge's ruling without the husband's pronouncement. For example, if a wife requests a divorce due to harm and the husband refuses, the judge may pronounce the divorce on his behalf, and it becomes effective.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/154214
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 154214
- 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