Channel: Yasir Qadhi
Series: Yasir Qadhi - Ask Shaykh YQ
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Our next question an anonymous husband emails or I should say the husband wishes to remain anonymous. And he says that after an argument with his wife, his wife abruptly left the household went back to her parents in another land and cut off all contact with him, that he has no means of getting in contact with his wife. And he is saying how can a divorce now be finalized when one of the spouses is not present? One
mean Kobe league in danger, no hay lay him first.
The response to this is that, first and foremost, I urge you to, you know, I mean, obviously, it is mandatory for me to say so, and it is a part of our Islamic etiquettes as well that don't give up hope. See if some type of sort of can be done always, as Allah says was sort of
bringing about reconciliation is good. Make dua to Allah and see if if it's best. Nonetheless, if the both of you feel that there is no hope, or if one of them has clearly indicated by what has just occurred and you are literally not in a position, you do not even know how to get in contact with your wife and what not. Then in reality, technically speaking, for a husband to divorce his wife, it is not a condition that should be present in front of him. He may divorce her during obviously a timeframe where he's allowed to divorce her. What I mean by this is a purity between her two men says that they have not been intimate and according to the question, many months if not even a year
has gone by since she has left and so clearly that is not an issue and therefore he may pronounce divorce and inform to close family friends or to witnesses that he has divorced this while this lady and I am sure there are some mutual friends I'm sure you know Facebook or something you can figure out get the message across that term has begun and they will begin from the moment the divorce is pronounced. It doesn't matter even if they have not been together for an entire year. There it is not related to when intimacy last occurred. There it is related to one the talaq was verbalized and finalized and initiated. So when the husband initiates the Tanakh, and he says, I have divorced her,
and the Two Witnesses are told this timeframe, that is when they're in debt begins. And after three menstrual cycles, then she is free to remarry. If she is in the similar position, ie, if she is the one who's you know, spouses abandoned her husband has left her which is unfortunately also a very common occurrence, dare I say more common than the case that has come to me now that if a man simply abandons his wife and cuts off all contact, obviously, first and foremost, the man is double the sinful I mean for a woman to do this is obviously not good for a man to do. This is even far more unethical because the man is obligated to take care of his wife financially. And the man is
obligated to provide for his wife, for a man to simply abandon his wife and simply abscond if you like in this manner. No doubt this is a level of cowardice To be honest, in the level of unethical behavior that is simply unbefitting of any decent human being much less somebody who claims to believe in Allah subhanho wa Taala. And the follow the messenger sallallahu. I knew he was setting him nonetheless, if a husband, you know, acts in this manner, and the woman is left without any contact, I don't know where my husband is. And she is aware that he has abandoned her. We're not talking about a scenario where once upon a time husbands would travel for work or whatnot. And we
don't know what's there's no contact, there's no cell phones. No, we know from the context that the husband has literally abandoned his wife, and has wants nothing to do with her. In this case, if she's in a Muslim land, she goes to an Islamic court, the court will know the marriage This is not a product. This is a first there's multiple ways to annul the marriage, how the Tanakh which comes from the husband, you have the hoarder, which is what the wife initiates and gives the money back. And then you have the first, which is from a third party, the judge will know the marriage because of circumstances like the one that
I've hypothesized where the husband abandons the wife. So in this case, a third party if it's an Islamic country, it will be a court. If it is not an Islamic country. She may go to the the regular channels of you know, non Muslim courts, but she must also go to a Muslim share for alum or local scholar or community or Masjid and verify from them that yes, all the conditions have been met and they will then take the
Rule of the judge and they will pronounce that in this particular case we have attempted to contact the husband, it is clear he has abandoned the wife, he is not taking care of her, he is not sending any money to her. And so he has completely been negligent in his duties as a husband, and therefore they shall issue a fest an annulment and an unknown mint that is one month not three. So once the unknown mint takes place, one cycle, she will observe then one month meaning if she doesn't
have her menses, if she has her menses, it will be one cycle and after that she may then remarry. So the bottom line to answer your question, it is not a condition for the spouse to be physically present for a divorce to take place. That it is possible for a divorce to be initiated by the husband or an unknown meant to be initiated by the wife. Even if the other party is not present will love with the other item.