QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: When I divorced my wife, she was in Pakistan and did not hear it. In such a situation, is the divorce valid?

Questioner: Brother from UK

ANSWER:

بسم الله الرحمن الرحیم

الجواب بعون الملک الوھاب اللھم ھدایة الحق والصواب

When a husband divorces, it takes effect exactly at that very moment in time, whether the wife is in Pakistan or England; it is not necessary for the woman or anybody else to hear it – even if the husband gives the divorce whilst confined in a room alone, the divorce still occurs.

It is stated in Fatāwā Ridawiyyah, ‘For divorce, it is not necessary for the wife to hear it from someone else; so long as the husband says the words of divorce with such clarity that they are capable of reaching his ears (even though they may not reach due to any obstacle or hindrance), then the divorce is effective according to Allāh [Almighty] – if the woman becomes aware of it, then she should also consider herself divorced.’

[Fatāwā Ridawiyyah, vol. 12, p. 362]

والله تعالی أعلم ورسوله أعلم

صلی الله علیه وآله وسلم کتبه أبو الحسن محمد قاسم ضیاء القادري

Answered by Mufti Qasim Zia al-Qādiri

Translated by Haider Ali al-Madanī

Read the original Urdu answer here: [Q-ID0878] I divorced my wife but she did not hear it, has divorce occurred?

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