A sham qadi’s ruling concerning talaq

Question

Question: Zayd married; for five years husband and wife lived their married life well. Zayd’s wife expressed a wish to go to her parents’ home, and Zayd gladly and willingly took her there. Three or four months later, when Zayd went to bring his wife back, the wife’s father and brother refused. Then the wife’s father filed a case in court on the girl’s behalf. From there an order was given that the qadi would come and investigate, but the respected qadi did not come.

Answer

This decision is not a Shar‘i one: neither did a talaq occur by it, nor did the second nikah become valid: [ar]وَلَا يُقْضَى عَلَى غَائِبٍ وَلَا لَهُ، أَيْ لَا يَصِحُّ وَلَا يَنْفُذُ عَلَى المُفْتَى بِهِ إِلَّا بِحُضُورِ نَائِبِهِ، أَيْ مَنْ يَقُومُ مَقَامَ الغَائِبِ[/ar] “No judgment is given against an absent person, nor in his favour — that is, according to the position on…

Source: Fatawa Mahmudiyya

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