When is divorce prescribed, and how does an absent husband pronounce it?
Machine translationRead the Arabic original
The questioner:
Our brother says: I am a young man who married a woman against my will, and I had children with her. A disagreement arose between us, and I traveled abroad. I want to divorce her. Is it permissible to divorce her by sending a message to her family, or on a cassette tape, given that she has already received all her rights? May Allah reward you with good.
The Shaykh:
Divorce is permissible if there is a need for it; there is no harm in it. If he sees that there is benefit in divorcing his wife, he has done nothing wrong. He should pronounce the divorce only once; this is the Sunnah (recommended practice). He should pronounce it once while she is pregnant, or during a period of purity in which there was no intercourse. If she is a young woman who is not post-menopausal and not pregnant, the Sunnah is to divorce her in one of two states: either while she is pregnant, or during a period of purity in which there was no intercourse. If she is post-menopausal or pregnant, he may divorce her whenever he wishes, with a single pronouncement. If he is hesitant, he should not rush. If she is good, he should not rush. However, if he is content with the idea and sees that staying with her harms him and her, the Sunnah is to divorce her with a single pronouncement. This can be done by writing a letter to her in his own handwriting, with two witnesses to it. The court, or those among the scholars who are considered reliable, will accept his handwriting so that they can rely on it if they refer his case to the judge or the court. The point is that the divorce must be established...
The presenter:
Yes.
The Shaykh:
...in a way that leaves no doubt, before the court.
The presenter:
Yes.
The Shaykh:
...before a known authority or one of the respected scholars. This is better than writing it in his own hand, because his handwriting might be mistaken by people.
The presenter:
Yes.
The Shaykh:
But he should establish it before the court, or before someone whose status is well-known...
The presenter:
...and whose writing is relied upon.
The Shaykh:
From the harm. Yes.
The presenter:
May Allah reward you with good. If he writes it by hand or records it on a cassette, is that not a good thing?
The Shaykh:
Not everyone knows his voice, and not everyone knows his handwriting. There is a risk of confusion in matters.
The presenter:
Yes, the best, indeed the obligatory, is that...
The Shaykh:
...he must write the divorce and refer it to a judge in writing.
The presenter:
And the judge writes it.
The Shaykh:
It is well-known. Yes.
The presenter:
May Allah reward you with good, and may He do you good.
Our brother says: I am a young man who married a woman against my will, and I had children with her. A disagreement arose between us, and I traveled abroad. I want to divorce her. Is it permissible to divorce her by sending a message to her family, or on a cassette tape, given that she has already received all her rights? May Allah reward you with good.
The Shaykh:
Divorce is permissible if there is a need for it; there is no harm in it. If he sees that there is benefit in divorcing his wife, he has done nothing wrong. He should pronounce the divorce only once; this is the Sunnah (recommended practice). He should pronounce it once while she is pregnant, or during a period of purity in which there was no intercourse. If she is a young woman who is not post-menopausal and not pregnant, the Sunnah is to divorce her in one of two states: either while she is pregnant, or during a period of purity in which there was no intercourse. If she is post-menopausal or pregnant, he may divorce her whenever he wishes, with a single pronouncement. If he is hesitant, he should not rush. If she is good, he should not rush. However, if he is content with the idea and sees that staying with her harms him and her, the Sunnah is to divorce her with a single pronouncement. This can be done by writing a letter to her in his own handwriting, with two witnesses to it. The court, or those among the scholars who are considered reliable, will accept his handwriting so that they can rely on it if they refer his case to the judge or the court. The point is that the divorce must be established...
The presenter:
Yes.
The Shaykh:
...in a way that leaves no doubt, before the court.
The presenter:
Yes.
The Shaykh:
...before a known authority or one of the respected scholars. This is better than writing it in his own hand, because his handwriting might be mistaken by people.
The presenter:
Yes.
The Shaykh:
But he should establish it before the court, or before someone whose status is well-known...
The presenter:
...and whose writing is relied upon.
The Shaykh:
From the harm. Yes.
The presenter:
May Allah reward you with good. If he writes it by hand or records it on a cassette, is that not a good thing?
The Shaykh:
Not everyone knows his voice, and not everyone knows his handwriting. There is a risk of confusion in matters.
The presenter:
Yes, the best, indeed the obligatory, is that...
The Shaykh:
...he must write the divorce and refer it to a judge in writing.
The presenter:
And the judge writes it.
The Shaykh:
It is well-known. Yes.
The presenter:
May Allah reward you with good, and may He do you good.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 3183 - متى يشرع الطلاق وكيف يطلق الغائب؟ - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.