Question:
Salaam,
I have a few questions regarding divorce please could you tell me (Hanafi):
1: Do you need witnesses present when you divorce your wife verbally?
2: Can you divorce your wife over the phone verbally?
3: Can you divorce your wife without her actually being present there or any one else being present there, being alone and having ALLAH SWT as witness?
4: If you say to your wife if you have done this certain thing then you are divorced from me 3 times you are haram for me our marriage is over and she says she hasn’t and we are still married you stay together have relationship, children, then later on you find out she had lied who will get the GUNAH for the ZINA and the HARAM children the husband or wife ?
Jazakallah Khair
Answer:
wa `alaykum salam,
1. You don’t need to have witnesses when you divorce your wife verbally or in the written form.
2. You can divorce your wife over the phone verbally or by sending her an email or a text message.
3. You can divorce your wife as well as marry her without her being present.
4. If you say to your wife “Talaq, Talaq, Talaq” this will count as one Talaq (divorce) as divorce in Islam is phased. The couple is given three months to think it over. If this was the case, you children are not haram children.
Imam Senad Agic
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
American Islamic Center – Chicago
