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Husband issuing talaaq without the knowledge of the wife

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. I would like to know is it permissible or accepted for a husband to divorce his wife without the knowledge of his wife?

2. Is the marriage of a couple valid even without witnesses just by signing a paper together without witness, wali and mahr?

3. The husband insists that it is between the couple and Allah and Allah is their witness, is this acceptable in any means?

Bismillaah

A:

1. If the husband issued talaaq without the knowledge of the wife, the talaaq will be valid.

2. The nikaah conducted without the presence of witnesses is not valid.

3. As above.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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