I am a man who works in an official department that those who wish to document a divorce visit. The person in charge of that department assigns me to hear the words of the divorced woman and the testimony of the witnesses.
Machine translationRead the Arabic original
The questioner : He says: May the Shaykh be respected, I am a man who works in an official department that those who wish to document a divorce visit. The person in charge of that department assigns me to hear the words of the divorced woman and the testimony of the witnesses, and he is content with this for the divorce to take place without verifying the woman's state at the time of the divorce, because that is difficult to do. Is this procedure permissible in the Shari'ah or not? And what is obligatory for me to do to verify the woman's state? May Allah reward you with good.
The Shaykh : First: Is the presence of the woman and her consent required for divorce? It is not required. A man may divorce his wife even if she is not present and even if she is not known. If he writes it before the judge, or before the notary public, or before someone whose record is known, that he has divorced his wife, it is concluded, whether she was present or not, and whether she consented or not. As for the belief of some people that the divorce cannot take place until he confronts his wife with it, this is a belief with no basis. The divorce takes place whenever the husband acknowledges it and establishes it. At that point, there is no need for the woman to go to the court, no need for her to confirm her husband's statement, and nothing else. Yes.
The questioner : He says: May the Shaykh be respected, is it permissible to inform...
The Shaykh : Yes, for the one who wishes to write the document. If he suspects that this person does not know the rulings of divorce, he may say to him, for example: "Has the wife been entered into (consummated) or not?" If he says: "Yes," he says: "Did you have intercourse with her after her menstruation?" If he says: "Yes," he says: "Wait until it is clear whether she is pregnant or she menstruates and then becomes pure." If he says: "She is menstruating," he says: "Wait until she becomes pure." There is nothing wrong with the scribe being careful so that the divorce takes place as a divorce in accordance with the Sunnah.
The Shaykh : First: Is the presence of the woman and her consent required for divorce? It is not required. A man may divorce his wife even if she is not present and even if she is not known. If he writes it before the judge, or before the notary public, or before someone whose record is known, that he has divorced his wife, it is concluded, whether she was present or not, and whether she consented or not. As for the belief of some people that the divorce cannot take place until he confronts his wife with it, this is a belief with no basis. The divorce takes place whenever the husband acknowledges it and establishes it. At that point, there is no need for the woman to go to the court, no need for her to confirm her husband's statement, and nothing else. Yes.
The questioner : He says: May the Shaykh be respected, is it permissible to inform...
The Shaykh : Yes, for the one who wishes to write the document. If he suspects that this person does not know the rulings of divorce, he may say to him, for example: "Has the wife been entered into (consummated) or not?" If he says: "Yes," he says: "Did you have intercourse with her after her menstruation?" If he says: "Yes," he says: "Wait until it is clear whether she is pregnant or she menstruates and then becomes pure." If he says: "She is menstruating," he says: "Wait until she becomes pure." There is nothing wrong with the scribe being careful so that the divorce takes place as a divorce in accordance with the Sunnah.