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Divorce is not subject to the wife’s consent

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is my husband put adultery charge on me. My uncle said that your husband put adultery charge on you so i though that you don’t want to live with him that’s why I gave your husband mutual divorce agreement. But my uncle didn’t tel me before divorce. My husband prepared the divorce agreement and didn’t even inform me or didn’t even take my permission. Is the talaaq valid?

Bismillaah

A: The divorce is not subject to the wife’s consent. The husband’s divorce is sufficient for the divorce to be valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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