Divorce must be witnessed by two witnesses?
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Salaams,
A Sunni brother told my husband that in order for a divorce to happen, it must have been said in front of two witnesses at the time of intention.
I see nothing of this in the Qur'an, only the mention of waiting period. Is this more of the sharia/ulama business?
For those who abstain from their wives, they shall be given four
months. If they cease, then God is Forgiving, Merciful.
2227 And if they insist on the divorce, then God is Hearer, Knowledgeable.
2228 And those divorced shall wait for three menstruation periods;
and it is not lawful for them to conceal what God has created in
their wombs, if they believe in God and the Last Day. And their
husbands would then have just cause to return together, if they
both wish to reconcile. And the obligations owed to them are to
be fulfilled, as are the obligations owed by them. But the men will
have a greater responsibility over them in this. And God is Noble,
Wise.2229 The divorce is allowed twice. So, either they remain together
equitably, or they part ways with goodness. And it is not lawful
for you to take back anything you have given them unless you fear
that they will not uphold the boundaries of God. So if you fear
that they will not uphold the boundaries of God, then there is no
sin upon them for what is given back. These are the boundaries of
God so do not transgress them. And whoever shall transgress the
boundaries of God, then these are the wicked.
2230 So if he divorces her again, then she will not be lawful for him
until after she has married a different husband; if he divorces her;In my honest opinion, the only witness that matters is God.
Peace, Amina
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peace,
From http//www.quran434.com/wife-beating-islam.html#part3
To understand the sequence of events, we must fully understand the divorce procedure according to The Quran
'cooling-off' period for those who swear away from their wives sexually, limited to 4 months *
after this 4 month 'cooling-off' period, the options are revert to normal relations or divorce/talaq
post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days
if no sex has taken place after marriage, then no interim period is required after divorce/talaq . Compensation may be due however if dower was agreed upon
during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means **
divorce is automatically retracted if sex between the couple takes place during the interim period ***
if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself
if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process
exceptions exist, in certain situations
the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the other
As a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 581-4, 334; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4129.
**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.
***Inference from 2226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.
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Peace Wakas,
This is what I told my husband...that the Qu'ran requires the witnesses only once the waiting period is complete. Apparently this other brother told my husband that a witness must be present when divorce is announced and then again when the waiting period is done, yet I went to the Islam Q&A site (since he is all about the scholars and sharia) and even found where it said that a text message pronouncing divorce is sufficient...if a text message is sufficient, does that mean that you have to send it in front of two witnesses for it to be in effect? Of course, I got no answer on that one.
The Qu'ran makes it very clear what has to happen if one wishes to end their marriage....yet they still turn to their scholars and imams for guidance. ???
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Peace
I would say that with the advent of technology, any technological call/text/video witnessed/heard by 2+ people would achieve the 2 witness criteria. and that would be after divorce waiting period.~God knows Best~
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Chalk this one up as a win for those of us who follow Qur'an only...masha'Allah, we were correct. Witnesses needed AFTER the interim period, not at the time of pronouncement of divorce.
Of course, my husband and his knowledgeable friend were not willing to look at the Qur'an to see what it said. His friend even said to him "Why are you letting a woman lead you through Islam/the deen?"
This situation truly strengthened my resolve that Qur'an alone is the correct way, and I thank those of you who provided answers to my question.
May Allah guide us all on the straight path.
Peace,
Amina
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Whilst Quran does not explicitly say two witnesses are required when divorce is announced, that does not mean it cannot be witnessed or documented. For example, if a divorce pronouncement may be disputed in the future, then it is prudent to have witnesses/documentation etc.
In general, Quran gives us the laws/rules and the principles surrounding such things, but in general, does not discuss what to do in every possible scenario for every law etc.
