8

In Sunni Islam, I am often told that divorce can be performed without witnesses, which doesn't really make sense to me since everything in Islam requires witness (even when an adulterer commit adultery require witnesses). Is this the same in Shi'a Islam, and if so, why? Wouldn't unwitnessed divorce cause problems?

Improve this question
0

2 Answers 2

Reset to default
5

According to Qur'an divorce requires witness: At-talq:65/2.

A man can start the process of divorce in presence of no one but it should be completed and committed with two witnesses after they fulfilled their term otherwise the divorce is not done and they return to their normal life.

Improve this answer
0
1

Shi`a and Sunni Muslims differ in the acceptable method of divorce. Wikipedia says Sunni practice requires no witnesses and allows triple-talaq and Shi`a rules do not allow this.

The primary evidence used by the Shi`a are the first two verses of Surat at-Talaq:

O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah , your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah . And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter. [At-Talaq: 1]

And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah . That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah - He will make for him a way out [At-Talaq: 2]

Improve this answer
5
  • Thanks @ezati. I still am not sure how it work. Does divorce mean nothing if you do it alone? May be we can chat about this to clarify. It is such an important issue in my view.
    – muslim1
    Oct 10, 2012 at 11:23
  • @Thecrocodilehunter - As far as I know, in Shia belief it means nothing. Actually none of the Shia Muslims does it alone, cause we don't believe in this way of getting divorce at all.
    – Zahra E
    Oct 11, 2012 at 7:57
  • This does not fit our current policies.
    – مجاهد
    Apr 12, 2014 at 14:02
  • @Ezati - the answer has been edited and undeleted. Please read our policy on copy-paste answers and use this as a model of how your answers can improve and avoid deletion.
    – Ansari
    Apr 16, 2014 at 23:31
  • Nice effort @Ansari .
    – Bleeding Fingers
    Apr 17, 2014 at 5:15

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .