Fatwa

Does a verbal divorce require a witness

Question

Assalamualikum
If someone tells the wife “I divorce you ” once without anyone present as gawah, is the divorce valid ?
If it is valid what is the correction procedure?

JazakAllah

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the enquired situation, the divorce is valid as witnesses are not a requirement for a valid divorce. Therefore, one divorce has occurred. The wife shall sit in iddah immediately for the duration of three menstrual cycles. The husband will have the option to take back his wife (raj’ah) during the iddah period without a new nikah. Should he do so, he will now only have 2 divorces remaining. He may take her back by either saying I am taking you back or engaging in any form of intimacy with her. If the husband does not take her back during the iddah period, the woman will cease to be his wife upon termination of the iddah. Should they wish to reconcile thereafter, a new nikah is required.

And Allah Ta’āla Knows Best

Mufti Bilal Pandor

Concurred by
Mufti Muhammad Patel

Darul Iftaa Mahmudiyyah
Lusaka, Zambia

www.daruliftaazambia.com