Wife Claimed that a Scholar Issued Divorced for Her and She Left Her Husband for another Man
7-7-2002 | IslamWeb
Question:
I would like to get some information about divorce. The wife of a fellow Muslim brother (say Ali) eloped with another man without his knowledge. After a day it was brought to his attention that she was settling with this man in another location. Ali said he won't divorce her and she is a Zanee. However, the woman who ran away says she got her divorce from an Aalim but she doesn't want to tell who or when. Is that possible although the husband has not given divorce, another person (some Aalim) can break the marriage?
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
Allah has declared in His Book that men are the protectors and maintainers of women so the wives should obey their husbands in lawful matters.
Allah Says (what means): {Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard.} [Quran 4: 34]
Besides, the Prophet said in his sermon of farewell Hajj: “Listen! Treat women kindly; … Listen! You have your rights upon your wives and they have their rights upon you. Your right is that they shall not allow anyone you dislike, to trample your bed and do not permit those whom you dislike to enter your home. Their right is that you should treat them well in the matter of food and clothing.” [At-Tirmithi]
Allah granted this authority to men for a great reason and wisdom. Any company, administration or organization needs a manager, administrator or responsible person; likewise a family needs a caretaker. So, Allah – for many reasons – made a husband responsible to take care of the matters of a family.
The Muslim scholars derived from the above verse that a wife is obliged to obey her husband and to keep herself and his property in his absence. On the other hand, a husband is strictly forbidden to misuse his authority or exploit his wife through this authority.
Therefore, a woman is not allowed to go out without having her husband's permission; with a greater reason, it is forbidden to be alone with a non-Mahram man, or to travel with him, or flee with him.
The Prophet said: “A man must not be alone with a woman except in the presence of her Mahram and no woman should travel except in the company of a Mahram.” [Al-Bukhari and Muslim]
As for divorce, only the husband has the right to divorce his wife. No one else even a scholar, a judge or ruler can divorce a woman other than his wife as narrated by Ibn Abbas 
that the Prophet said: “Only a husband is entitled to deliver a divorce.” [Ibn Maajah and Ad-Daaraqutni]
However, if a woman sues for a divorce and the judge decides in the light of Sharee'ah that the woman is divorced from her husband, then the divorce will be valid.
In a word, a wife should obey her husband in what is permissible and she must not stay alone with a non-Mahram man or travel with him. Also, only a husband can deliver divorce.
Finally, we advise this woman to fear Allah, follow His Commands and avoid His Prohibitions. If she has problems with her husband she should sue against him in a court to take a legal decision. Also, we advise the husband to get rid of this wife if she does not repent from the bad practice that proves the weakness of faith and also arouses strong doubts of involving in Zina (adultery).
Allah knows best.