The Ruling on a Judge Pronouncing Divorce in the Absence of the Husband
Machine translationRead the Arabic original
Question:
His other question says: Does the judge have the right to divorce the wife without the husband being present?
Answer:
If the situation requires it, the judge acts in place of the one who refuses. If he refuses to divorce her and she is harmed by that, and he refuses to divorce her, then if he is absent, the judge writes the divorce and sends it on paper. If he is present, the judge pronounces the divorce verbally. The judge also documents this divorce, either with the judge or with one of the scholars. If he refuses and she is harmed and she demands her right, the judge annuls the marriage from him to remove the harm from her, and he acts in place of the one who refuses. Yes.
The presenter:
May Allah reward you.
His other question says: Does the judge have the right to divorce the wife without the husband being present?
Answer:
If the situation requires it, the judge acts in place of the one who refuses. If he refuses to divorce her and she is harmed by that, and he refuses to divorce her, then if he is absent, the judge writes the divorce and sends it on paper. If he is present, the judge pronounces the divorce verbally. The judge also documents this divorce, either with the judge or with one of the scholars. If he refuses and she is harmed and she demands her right, the judge annuls the marriage from him to remove the harm from her, and he acts in place of the one who refuses. Yes.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/257 — archive.org (6:16)
The Arabic text is a machine transcription of the audio recording.