Is the talaq (divorce) issued by the guardian (*wali*) of a missing husband valid?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
There are two established narrations regarding the validity of the guardian of a missing husband issuing a divorce decree followed by the prescribed waiting period (*iddah*) of three *quru* (purities). One narration holds that this action is considered valid. Ahmad found this narration to be the best, supported by the narration of Umar, and also by the narration concerning Ali, where the guardian of the husband issued the divorce.
Supporting text
The second narration states that the divorce issued by the guardian is not considered valid. This view is attributed to Ibn Umar and Ibn Abbas. This is the logical conclusion because the guardian has no inherent authority (*wilayah*) over the wife's divorce. Furthermore, since the wife is required to observe the waiting period for a deceased husband, she should not concurrently be obligated to observe the waiting period for divorce, similar to cases where the husband's death is confirmed. Finally, since evidence necessitating the waiting period for death (which permits remarriage) has been established, it supersedes the requirement for a divorce waiting period.