Turaiqi Okaz newspaper Speaking to a local newspaper, prominent lawyer Muhammad Saeed Al-Jashi cited several cases of divorce that took place in absentia. In such cases, the husband usually misuses his right to divorce by ending the marriage without informing the wife. For example, there was a case of a woman who approached a court seeking a divorce on the grounds that her husband was not fulfilling his duties in the bedroom. However, when filing for divorce, she learned that he had divorced her months ago! Some legal experts are of the view that divorce in absentia is a husband's right. However, this is not a right granted in the Shariah but by man-made law. The Shariah doesn't view divorce very favorably as is evidenced by the following Hadith: “Of all the permitted things divorce is the most abominable with God.” Since divorce in absentia is a husband's right according to modern law, then this also means that the law is subject to change and I think it is important that the law be changed to force a husband to notify his wife of his intention to divorce her so she can seek her lawful rights such as alimony. It is a shame that many women do not have a clue that they have been divorced and in my view, the best way to deal with the issue is through the following: A husband and wife must declare the divorce in front of each other or in presence of an entrusted party/custodian. Also, all issues should be sorted out in one sitting and in the case one of the parties is absent, a new date should be set. It is important that we stop this injustice an estranged husband can mete out to his wife. Divorce is a difficult enough process and we should do all we can to insure it is fair and just for all. __
