A Shari‘a council’s talaq ruling without taking the husband’s statement

Question

Question: A man named Muhammad ‘Alam went to Pakistan fourteen years ago. His wife, who remained here, filed a suit in court that he should keep her (live with her). Meanwhile Muhammad ‘Alam came here and, after staying a few days, went back. After his departure his elder brother ‘Abd al-‘Aziz applied to the Shari‘a committee that Muhammad ‘Alam had (on leaving) pronounced talaq before two witnesses.

Answer

Muhammad ‘Alam’s brother submitted an application concerning the talaq, and the Shari‘a committee, having taken testimony, permitted his wife a second marriage. If no statement was taken from Muhammad ‘Alam about this, then this decision of the Shari‘a committee was contrary to the Shari‘a and wrong; the second nikah is also wrong, and the responsibility for it lies with the…

Source: Fatawa Mahmudiyya

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