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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The court divorcing the wife without her husband’s knowledge

Machine translationRead the Arabic original
This is a letter that reached us from the sender (E. Z. M.), an Egyptian working in the Kingdom. He says in his letter: A woman went to the court requesting a divorce from her husband. The court asked her, “Where is your husband?” She said, “He is not present, and I do not know his whereabouts.” The court then asked her to provide two witnesses to prove this. She brought two witnesses who testified that he was not present and that they did not know his whereabouts. However, they knew that he was in the town, working, and were very certain of this. The court then pronounced the divorce. After that, this woman married a second man, and the second husband knows the matter from the beginning. The question is: What is the ruling regarding the witnesses, the woman, and the second husband? And what is the solution? Please inform us; may Allah reward you.
Answer: This is a matter in which the court that issued the ruling should reconsider and be shown the reality. The court should review its ruling. This issue concerns the court. The reality should be made clear to the court: that the man is present, and that the witnesses lied if they said he was not present and that his whereabouts were unknown. In any case, this is a matter in which the court that issued the ruling should reconsider so that it can review its ruling. Yes.
The presenter: And the sin, O Shaykh?
The Shaykh: It is upon the witnesses if they were liars. If they lied, the sin is upon them, and upon the woman with them.
The presenter: And the second husband, who knows, and he knows...?
The Shaykh: He is likewise a partner in the sin. It is not permissible for him to marry her while he knows that her husband is present and that they testified to something that is not true. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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