Is the divorce that occurred between the spouses valid according to Sharia, considering that the husband did not utter the divorce formula, and that the divorce took place in the absence of both spouses, as the judge divorced her after the husband's approval?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a judge rules for divorce due to harm inflicted upon the wife, the divorce is valid even if the husband does not pronounce it. It is not a condition for the divorce to occur that the wife be present; rather, it suffices for the husband to pronounce it verbally, or write it explicitly, or deputize someone else to divorce her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/121486
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 121486
- 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