Does one Require an Imam to Effect a Divorce

Fatwa ID: 04195

Answered by: Mufti Muhammad Adnan

Question
 

My sister has been in a bad marriage for 26 years of which 16 years her husband has verbally said he has given her Talaq. He has many affairs during this period and at present, he is with two different women. My sister has asked him to get a proper Talaq done for many years he keeps saying she is not divorced unless he says so. Also, the marriage was conducted by a Shia imam therefore he says it has to do with this imam. My sister has two daughters, hence she stayed with this man. He is saying although he has verbally divorced her hundreds of times, it is not valid unless the imam confirms it. So this man is mentally torturing her. Can she divorce him on the basis of the above traumatic and degrading time she has had with this man? Please can you help?

 

In the name of Allah, the Most Beneficent, the Most Merciful

 

Answer

An Imam is not required for the divorce to occur. If he divorced her at least three times, individually or collectively, she is permanently divorced and is free to remarry.

 

 

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

Comments are closed.