Divorce happens by phone and by writing

20-3-2018 | IslamWeb

Question:

My sister got married two months before now her husband is telling her that he married her by her family force he don't like her and don't want to be with her atlease 10 to 15 time he told her because he love another girl and want to marry her now he want to divorce my sister after hearing this my sister also don't want to be with her and now the boy want to Dubai for job one month before I want to now what is the process for divoce the boy should be hear for divoce or he can give divoce by Dubai itself plz give the answer soon

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Divorce occurs if the husband utters the word of divorce. For instance, if he calls his wife by phone and says to her: ‘You are divorced’, or says to anyone else ‘My wife is divorced’, then divorce takes place.

Just as divorce takes place by uttering the world of divorce, it also takes place by writing it. So, if the husband writes that he has divorced his wife while intending to divorce her, then divorce takes place. For more benefit, please refer to Fatwa 89894.

It is better to have two people witness his divorce of the wife, and he can also divorce her through the judge. In any case, the divorce should be documented in order to protect the rights.{C}

Ibn Juzay, from the Maaliki School of jurisprudence, said in Al-Qawaaneen Al-Fiqhiyyah:

“The fifth issue is about the writing of the dowry; it is not a condition, but it should be written like all other documents, as a way of documenting the rights and preventing disputes.” [End of quote]

What is mentioned in the question proves the seriousness of forced marriages and that it may lead to disadvantages. Parents, or others, do not have the right to force their child to marry a girl whom he does not want to marry.

Also, it is inconsiderate for the husband to tell his wife that he does not want her and repeat this for more than ten times, and to inform her that he loves another girl. This embarrasses her and hurts her feelings, so he should be admonished and warned about this. A believer should be considerate of the other people’s feelings, as the best example used to be.

As-Sa’b ibn Juthaamah Al-Laythi narrated that he gifted an onager (which he had hunted to give) to the Prophet at a place called Al-Abwaa' or Waddaan, but the Prophet rejected it. When he noticed the signs of sorrow on the giver's face he said: “I have not rejected your gift, but I am in the state of Ihraam.” (i.e. a person in a state of Ihraam may not eat from something he hunted or was hunted for him).” [Al-Bukhari and Muslim]

Ibn Hajar said in Fat-h Al-Baari:

“This proves that it is legislated for one to apologizing for rejecting a gift as a way of comforting the heart of the giver.” [End of quote]

Allah knows best.