What are the implications if the authorized agent (Wكيل) divorces the wife while the husband is absent?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the authorized agent divorces the wife while the husband is absent, it is disliked (Kuriha) for the wife to remarry because there is a possibility that the husband revoked the agency. Imam Ahmad explicitly forbade her remarriage for this reason. The ruling applies to the authority vested in the delegate, contingent on the agreed terms.

Supporting text

Al-Qadi interpreted Imam Ahmad's prohibition on remarriage as a recommendation for caution (Istihbab) and precaution, based on the principle that marriage remains intact (Al-Asl baqa' al-Nikah).