The World Federation One Stop Fiqh

Ask an Alim

Divorce Before Consummation


Assalam o Alaikum.

If the marriage has not been consummated and the shia husband gets divorce papers prepared for his shia wife through a lawyer with signatures of three witnesses and himself, has divorce taken place or does it require signatures of the boy’s wali i.e. his father? The papers are in the custody of the boy’s father.


The condition for divorce is not consummation, just that the boy will
give half mahr to the wife and there is no iddah for the girl.

Divorce requires 2 just (‘aadil) witnesses and the presence of father (wali) is not necessary

For the divorce to take place, it requires 2 witnesses and a shar’i talaq to be recited (court proceedings will not work).

Z M Walji