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If a husband gives talaq to wife without any witness present

Q:

If a husband gives talaq to wife without any witness present at the situation but he records the video of giving talaq and then shows to the witness (i mean the two just men) that this is the proof that i have given her divorce plus on another moment he calls her wife n says call whoever u want to hear that i am giving you divorce and divorce wife’s aunty and two cousins(three female) listen him giving divorce ( he said the seegha) will these divorce take place? Is this enough ? The witness condition is fulfilled in both scenarios by doing so or not?

A:

A recording of the video is not sufficient. The witnesses must be physically present and able to hear the words and statements being said that relate to the divorce (the seegha). Showing the video to the two men will not suffice.

Calling the aunt and three female cousins will not suffice either as the witnesses need to be two just men.

Neither scenarios fulfill the requirement.

See: https://www.sistani.org/english/book/48/2357/

Divorce » Introduction – Islamic Laws – The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani
www.sistani.org
2507. A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void.

See Volume 3 Page 152 Minhaj Al Salaheen (Arabic).
See Islamic Laws 3rd Edition (Translated by Sheikh Mohammed Ali Ismal) Page 649.

Regards,

Syed Samer Hakim