Question:
My husband has been abroad for a year, and I received a divorce on June 8th. Some people say that the divorce didn’t happen because my husband was abroad. I want to ask whether the divorce is valid in this situation.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
If your husband indeed divorced you, then the divorce has occurred. For a divorce to take effect, it is not necessary for the husband to be physically present. If the husband divorces his wife and she does not know about it, the divorce still takes place. According to Islamic law, the authority of divorce rests with the husband, and he is independent in this matter. Therefore, whenever the husband utters the words of divorce loud enough that they reach his own ears, or if he writes the divorce (fulfilling the necessary conditions), the divorce is valid, whether or not he is present with his wife or she hears the words or not, or whether she knows about the divorce or not.
The husband is independent in the matter of divorce, and the occurrence of divorce is not contingent upon the wife’s knowledge. In Al-Muheet al-Burhani it is stated: "The husband is independent in pronouncing the three divorces, and the divorce does not depend on the wife’s knowledge."
Mufti Amjad Ali Azmi also states: "In divorce, the husband is independent, and the wife’s presence or knowledge is not necessary."
If the husband utters the words of divorce loud enough to reach his ears, the divorce is valid even if the wife did not hear it. Regarding this, Imam Ahmed Raza Khan (may Allah have mercy on him) said: "It is not necessary for the wife or anyone else to hear the divorce words. If the husband utters the words of divorce in a voice that can reach his own ears, even if due to noise or hearing impairment the sound does not reach, the divorce is valid before Allah."
And Allah knows best.
Reference:
Al-Muheet al-Burhani, Volume 4, Page 50
Bahar-e-Shariat, Volume 2, Part 11, Page 790
Fatawa Razawiyyah, Volume 12, Page 362
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