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Should the Mufti Ask the Wife about the Situation Leading to her Divorce

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
Is it permissible for a Mufti at the divorce unit of the Iftaa` Dept. to deliver a divorce Fatwa to a husband in the absence of his wife? 

Answer:

Praise be to Allah the Lord of the Worlds.

The right to divorce wife-the right to terminate the marriage contract-is the husband`s. However, it is the right of the wife to ask for Khulu.` (The separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.) 

If the husband claimed divorcing wife and asked the Mufti about the ruling of Sharia on that then the Mufti will answer him according to his claim and he doesn`t have to hear from the wife since her version doesn`t affect the husband`s self- testimony.

In addition, the Mufti isn`t concerned with settling disputes; rather he is concerned with clarifying the ruling of Sharia in accordance with the question of the asker. Thus, if the wife has any objection or addition then she should go to court.

Moreover, the wife should ask her husband to show her the Fatwa issued by the Mufti. Therefore, if what the husband has acknowledged agrees withwhat has actually happened then the Mufti`s ruling is effective or else the wife should go with her husband to the Mufti and make things clear to him. If her husband refuses to do so then she should go to court. Further, divorce Mufties don`t usually ask wives to attend unless there is a need for that. This is out of facilitating for people and preserving the dignity of the Muslim women. And Allah the Almighty knows best.

 

This answer was collected from the official government Iftaa Department of Jordan.

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