Ruling on a Hidden Divorce

Source: This article is derived from the book 500 Questions and Answers for Women, which contains fatwas of the scholars of Haramain. Translated by Hafiz Abdullah Saleem.

Question:​

If a man remains absent from his wife for a long time and divorces her without informing her, does the divorce take effect?

Answer:​

The divorce will take effect even if the wife is not informed.

When a man utters the words of divorce and says, “I have divorced my wife,” the divorce becomes binding, regardless of whether the wife is aware of it or not.

For instance, if the wife learns about the divorce after three menstrual cycles (the period of waiting or iddah), the waiting period will still have been completed, despite her ignorance of the divorce during that time.

Similarly, in the case of a husband's death, if the wife becomes aware of his demise after the waiting period (iddah of four months and ten days) has passed, she is no longer required to observe the iddah, as the prescribed period has already concluded with the passage of time.

(Fatwa by Shaykh Muhammad bin Salih al-Uthaymeen رحمہ اللہ)

Key Points:​

  • Divorce becomes effective as soon as it is pronounced, irrespective of the wife's awareness.
  • The waiting period (iddah) is determined by the passage of time and does not depend on the wife's knowledge.
  • In cases of delayed notification of a husband’s death or divorce, the completion of the waiting period remains valid.
Allah knows best.
 
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