Grand Ayatollah Shirazi remarks on necessity of justness in witnesses of divorce
The daily scholarly meeting of Grand Ayatollah Seyyed Sadegh al-Hosseini al-Shirazi was held on Wednesday, the 24th of Sha’ban. In this session, just like the previous meetings, the Marja answered the questions of the attendees about various jurisprudential issues.
Regarding the ruling of divorce for a woman who is troubled by her husband’s behavior and morals at home, Grand Ayatollah Shirazi said: This issue is mentioned in Urwa al-Wuthqa and discussed by a group of jurists, too, that if a man does not treat his wife appropriately, even if he fulfills the Nafaqah, but, for example, he beats his wife, then, if the woman asks for divorce, initially the husband is told to divorce his wife, but if he refuses to divorce his wife, the Ruler of Sharia will grant her the divorce permit. This is the verdict of a group of fuqaha based on Quranic verse (Surah al-Nissa’, 19) that instructs men to treat their wives appropriately. And, I subscribe to the same opinion.
In relation to the Shariah ruling on financial compensation for a women’s work at home, his Eminence said: the claim made after the act, if it is contrary to the appearance, is not valid. Because women usually work in their husband’s house with the intention of contributing and without expectations, and usually not with the intention of receiving financial compensation, so if a woman asks for such payment after a long time because of a dispute with her husband, this request is not valid. But if the woman works at home with the intention of receiving financial compensation from the beginning, the husband must pay her. So, if the woman proves it with evidence or the husband believes that the woman is telling the truth and that she had the intention of getting paid for working at home from the beginning, he must pay her. But, otherwise, making financial compensation is not required.
The Marja further said: What is determined as “equivalent compensation” in courts of some Islamic countries has no Shariah-based validity. Such laws are similar to the laws that are practiced in the West. And unfortunately, it is being implemented with some modifications in Islamic countries. Unless it is an agreement between the couple, it is not permissible.
Grand Ayatollah Shirazi emphasized the need for the presence of two just witnesses in divorce and said: The qualifying condition of the witness to divorce is justness. When the matter of divorce is entrusted to a believer and he says that he employed two just witnesses for divorce, that will be enough for us to assume the validity, unless we come to know that he had made a mistake and those two witnesses were not just, in which case, the divorce is invalid.
In relation to the divorces that are performed by the registry offices in the presence of two witnesses and without proof of their justness, His Eminence said: The presence of only two witnesses is not enough for a divorce and the justness of the two witnesses should be established. We cannot assume the validity in this case as the element of doubt must be eliminated. It is stated in the second verse of Surah al-Talaq: And take two just men as witnesses (for their divorce), and (you witnesses also) establish testimony for God. Therefore, the presence of two witnesses is not enough.
