If the husband is absent, does any of his relatives have the right to divorce his wife?
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The first question of Fatwa No. ( 13329 )
Q1: We live in the Egyptian desert and we do not have Shari'ah courts; everything is decided by custom, and this is a practice that prevails in our country. We were ignorant of many matters of our religion, but Allah opened the door for us to tawhid (the oneness of Allah) and the light of knowledge. It became clear to us that many of the things we do are contrary to tawhid (the oneness of Allah) and to the Shari'ah. Therefore, it happened that a woman’s husband traveled to Libya for work, and after four years, her family requested a divorce based on her desire. After several attempts, the husband’s brother divorced his brother’s wife, even though he initially objected and said, “I have no right to divorce her because my brother is absent.” However, after attempts, he divorced her as if compelled, according to the custom of our country, which allows a father to divorce his son’s wife in his presence or absence, even if the husband objects. After the waiting period ended, he married her with a contract and a mahr (bridal gift). I now have two daughters from her. Please note that when she was divorced in the absence of this husband, his location was known, and our custom allows the husband to be absent for a long period. What is the Shari'ah ruling in this matter? Please issue a ruling, may you be rewarded, and may Allah reward you with good.
with good, and we hope that after studying this story you will issue a ruling on: 1- What is theruling on a divorce by someone other than the husband, whether he is present or absent?according to our custom. 2- What is the ruling on the second man marrying her, given that he knows the story of her divorce? 3- What is the ruling on the children if the fatwa is that the marriage is invalid? And to whom do they belong? 4- What is the ruling in Islam regarding the husband's absence for a period, given that custom approves of it? And does it have a specific duration? We ask you to clarify this with clear evidence, and may Allah reward you with good.
A1: First: The principle regarding divorce is that it is in the husband’s hand; based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2081Da'if (Darussalam) Second: The marriage of the second man to the woman whom the husband’s brother divorced is not valid. Third: The children of the second husband from the woman are attributed to him due to the presence of shubhah (a doubtful matter).
Fourth: It should not be that a man is absent from his wife for more than four months, unless they mutually agree. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: We live in the Egyptian desert and we do not have Shari'ah courts; everything is decided by custom, and this is a practice that prevails in our country. We were ignorant of many matters of our religion, but Allah opened the door for us to tawhid (the oneness of Allah) and the light of knowledge. It became clear to us that many of the things we do are contrary to tawhid (the oneness of Allah) and to the Shari'ah. Therefore, it happened that a woman’s husband traveled to Libya for work, and after four years, her family requested a divorce based on her desire. After several attempts, the husband’s brother divorced his brother’s wife, even though he initially objected and said, “I have no right to divorce her because my brother is absent.” However, after attempts, he divorced her as if compelled, according to the custom of our country, which allows a father to divorce his son’s wife in his presence or absence, even if the husband objects. After the waiting period ended, he married her with a contract and a mahr (bridal gift). I now have two daughters from her. Please note that when she was divorced in the absence of this husband, his location was known, and our custom allows the husband to be absent for a long period. What is the Shari'ah ruling in this matter? Please issue a ruling, may you be rewarded, and may Allah reward you with good.
with good, and we hope that after studying this story you will issue a ruling on: 1- What is theruling on a divorce by someone other than the husband, whether he is present or absent?according to our custom. 2- What is the ruling on the second man marrying her, given that he knows the story of her divorce? 3- What is the ruling on the children if the fatwa is that the marriage is invalid? And to whom do they belong? 4- What is the ruling in Islam regarding the husband's absence for a period, given that custom approves of it? And does it have a specific duration? We ask you to clarify this with clear evidence, and may Allah reward you with good.
A1: First: The principle regarding divorce is that it is in the husband’s hand; based on the saying of the Prophet (peace and blessings be upon him):
Divorce belongs to the one who takes hold of the calf (i.e., her husband).
الطَّلاَقُ لِمَنْ أَخَذَ بِالسَّاقِFourth: It should not be that a man is absent from his wife for more than four months, unless they mutually agree. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.