Is It Required To Have Witnesses During Divorce?

Is it required to have witnesses during divorce?

It is stated in the Holy Qur’an that “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” (Talaq, 65/2).

There are different views about the matter whether the command of witnessing in this verse is for divorce or for going back to family life after divorce with rij’i talaq (revocable divorce). According to Hanafis, having witnesses in both is mandub (commendable). According to Imam Shafiʽi, having witness in divorce is mandub and having them in going back to family life is wajib (Jassas, Ahkam al-Qur’an, V, 35-351; Razi, Mafatih al-Ghaib, XXX, 34).

Therefore, having witness during divorce is not a condition of validity for divorce. However, Muslim jurists agree that this command aims to ensure avoiding any loss of rights and disputes.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA