Fatawas - Marriage & Divorce

Fatawas - Marriage & Divorce

Marriage and Divorce
ID: 1863 | Date: 2023-11-08
Follow up on istikhara dream results

You said not to delay getting married to the girl I mentioned in my istikhara dream who was my istikhara dream, but I have no job, but am in the process of looking for one after I receive physical therapy for a severe back injury. But now I might have caught covid 19 from my mother, and so it is delayed a week. it will take 4-6 weeks. i also have no car or driver's license, but if i marry i may have the excuse that driving is difficult due to a medication i take (an antipsychotic used for irritability from asperger's disorder, a milder form of autism). also, should i get a driver's license, or a house, or a job, which of these should i get? my childhood friend mentioned in the dream is working already, could i be a househusband? actually, my mother wanted me to apply for disability. also, i dont know if i should work from home or in person, as if i work from home i may be able to work as a data entry clerk. but my mother says to wait until my back heals for her to write the resume (I'm not good at writing resumes) and then apply. currently my mother is sick with covid 19 and i dont want to bother her further. please give guidance on this issue, preferably soon. 

Marriage and Divorce
ID: 1859 | Date: 2023-09-24
Talaq

Assalamualaikum,

My dad had been in extreme anger many years ago and he had said talaq to my mom two times while he was yelling. He said I am giving you talaq talaq talaq talaq there. Right after the argument he said he just said it in anger and apologized to my mom saying that he didn't want any talaq. Now many years later he got angry again not that high anger but he said talaq to her one time. He did not talk to her much after that. Does this count as two talaq? 
Please let me know,

Thankyou so much.

 

Marriage and Divorce
ID: 1849 | Date: 2023-08-25
Allegations while taking Khula

السلام عليكم ورحمة الله وبركاته

I have a question regarding Khula or Faskh Nikah. Do the Imams have to cross-check and validate the allegations put forth by the wife in court while processing the civil divorce? Due to these allegations, the father is unable to meet the daughter.

From a Shariah perspective, before accepting the Khula, can a husband ask the wife to take an oath regarding the allegations she has made in the Family Court?

Thanks

Marriage and Divorce
ID: 1840 | Date: 2023-06-30
Khula without husband's consent

Assalamualikum,

My name is Asma. I live in Chicago. I have sent Qula papers to my husband but he is not ready to sign. He lives in India. Is there a way where the Qula can be granted to me without husband's consent.

What about Fasq-e-Nikah?

(I want separation from my husband because he is not interesed in having kids but I want kids. He takes everything very lightly.)

Please let me know the procedure!

Please let me know about any lawyer or any Islamic scholar who can help me out with this even out of Waqf Board......I am ready to bear the expenses

Or to make my process go faster is there any other way? 

Jazaakallah

Marriage and Divorce
ID: 1830 | Date: 2023-04-30
Husband has forsaken me and will not grant me talaq

Salam Alaikum, 

I was recently married in January of this year. After moving in together I found out my husband was having emotional relationships with other women and including underage girls. He is also a drug trafficker and along with the mental abuse of him telling me he did not want me, I asked him for permission to let me move back into my home with my father. A week after leaving, my husband was angry during an argument and said "You are talaq". This was in a moment of anger and also close to a time he had sexual relations with me so his talaq was not valid. After giving him time to calm down he unblocked me on social media because he won't unblock my phone number. I explained to him that I can not afford to ask for khula because of my living situation. So therefore I asked him to write to me in a proper way and give me talaq. He refuses and completely ignores me. Our marriage is beyond repair and I have no desire to stay married to a kafir. I can not trust his family and I have no way to get in touch with them to talk to him for me. The sheikh who married us was in hajj for Ramadan and I was told after Eid he will get in touch with me and he has not. I have many proofs of my husband's mistreatment of me and I am mentally breaking down. I can not move on with my life in a halal way without him giving me talaq. Can someone please help me?

Marriage and Divorce
ID: 1829 | Date: 2023-04-30
طلاق

السلام عليكم ورحمة الله وبركاته..

برجاء التكرم بالإجابة على سؤالي هذا: 


طلقت زوجتي شفهيا ولفظ الطلاق بالانجليزية i divorce you. كنت في حالة من الغضب لم استطع تمالك نفسي فيها، وخرج اللفظ من غير أن اشعر به. هل لفظ الطلاق في هذه الحالة حقيقي ام كنائي؟ وهل وقع أم لا؟ مع العلم أنني منعت نفسي عنها منذ ذلك الحين تحسبًا لوقوع الطلاق.

جزاكم الله خيرًا

Marriage and Divorce
ID: 1820 | Date: 2023-04-25
Nikkah while pregnant

To,

Whom it May Concern,

I would like a confirmation that a couple who are living together outside wedlock can marry (Nikkah) while the woman is 5 months pregnant with the same person's baby. 
your urgent response will be highly appreciated.

Thank You,

Best,

 

 

Marriage and Divorce
ID: 1798 | Date: 2023-04-06
Divorce case

Salam walaiqum,

I have a concern regarding validity of Talaq. 

Me and my wife got into a huge fight/argument and it was then I said the WORD. "that I give you ". This was 4 days before ramadan.

After a week into ramadan, this argument and fight really bad, I working from home and my mother was arguing and so was my wife, and I was so angered that I had no idea as to what was coming out of my mouth. Then again I said the second time the WORD. 

My question is that I know during the time of Umar R.A, the rule was created that 3 means 3, in one sitting and or different occations. I have also heard the standings of Ibn Taymiyyah regarding 3 meaning 1. I have also heard that each talaq is done in 3 menstrual cycle. 

Now having said that, I would like to know what is the stance on my divorce, is it considered one or two?

Jazakallah 

Thank you

Marriage and Divorce
ID: 1778 | Date: 2023-03-16
Wife rights to not divorce

Assalamualaikum Warahmatullahi Wabarakatuh:

I have a question about marital rights on the woman with regards to a husband forcing a divorce, or give up rights to my nights as a second wife.

In my particular situation my husband has a second wife and he says he no longer wants be at my home in the night due to a situation that has occurred with our adult children. He says I no longer have children staying in my home therefore he wants to be in the home where there are underage children. For reference we have been married for 32 years, and he has been married to the other wife for 34 years. I have four adult children and the other family has 8 (of which 1 is under the age of 18). He states if I stay but give up my nights he will financially support me, however he will only come to my home occasionally and never for nights. It has been 3 months since he has stayed overnight at my home and usually comes once a week. He just keeps stating divorce is allowed if he can not be fair to both of us. He also states if I do not give my nights he will just divorce me.

 

Marriage and Divorce
ID: 1763 | Date: 2023-02-22
Nikkah done via Zoom Call

If the Groom and witnesses are in one place physically and Bride is attending via Zoom Call is the Nikkah Valid.

for context Women is an adult, who has been divorced before and looking to remarry. for few reasons she can't physically be in the same location for the time being.

And it is not possible for her to appoint a Wakeel on her behalf but she will be present via Zoom/Skype Video call at the same time.

Please advise. 

Marriage and Divorce
ID: 1759 | Date: 2023-02-10
Nikah Validity

When I was 14 years old, me and my cousin who was 18 years old, we used to like each other. My brother and my other male cousin (of 17 and 16 years of age at that time) knew about us. One day all of us were walking together and my other male cousin and my brother started to tease me and my cousin and in that teasing my other male cousin might've asked me and my cousin the ijab o qabool , and I think I might've gotten married to him. I don't remember exactly what happened. I don't know the exact question my other male cousin asked and I don't know if me and my cousin said yes or no. I asked my brother who was there at that time and he said he doesn't remember anything. I asked my other male cousin and he also said that he don't know. All I  remember is that all of us were laughing and I was feeling shy, and my other cousin saying "congrats, you may now kiss the bride" and me saying "no", smiling and walking away. The reason I think that we might've gotten married is becasue two years after all of this, I heard the hadeeth saying that nikah, divorce and taking back one's wife takes place even if done in jest. I didn't know what to do so, I asked my cousin (to whom I think I might've gotten married to) to text me a divorce message. I didn't tell him why I was asking him to send me such a text and I lied that I am playing truth and dare with my friends and they have given me a challenge. After I insisted a couple of times, he sent me a text saying only the word "divorce" and that's it. I asked an imam about the divorce and they said that this divorce doesn't count because first, I framed it as a challenge and the guy was unaware of the nikah and secondly, we don't know if he intended it or not. I asked two other imams' and they said that just like the nikah can take place even if done as a joke, the divorce can take place as well. And I also read somewhere that once he sent the divorce message it became a formal writing for which no intention is necessary. 

So, now I am confused and worried. I don't remember anything. Did the nikah take place? Does the divorce count? Can I marry someone else? What if the nikah did take place and now I forgot about it, then that would mean that I would be living a life of sin if I get married to anyone? Please guide me as to what should I do next. 

Marriage and Divorce
ID: 1746 | Date: 2023-01-13
Talaq

Assalamualaikum mufti sb, i and my wife had an argument my wife asked me to leave her, her exact words were "leave me" she says she didn't mean to divorce her she just said it out of anger, i and my wife both have no idea what did i say in reply to her absolutely no idea I'm saying this with true honesty by swearing on Allah swt ,i get this waswasa that i might have said "okay" but i am not at all sure if said that ,and we didn't even know that a talaq can take place in such a manner until i watched some clips on youtube, she says had she known she wouldn't have said it, now that we both have no idea what i said will it be considered as talaq, please let me know as i am very much worried

Marriage and Divorce
ID: 1745 | Date: 2023-01-12
Khalwat e sahiha or faasida

Assalamualaikum if a husband and wife dont live together yet but they met at
a movie hall after their nikah kissed each other and even kissed
eachother on eachother’s private parts like breast, they did not do sex, the cinema hall was not entirely
empty but the row in which they were seated was empty but there were certain
people inside the cinema hall ,will this be khalwat e sahiha or faasida,
please help it’s very important since the husband gave her one talaq and they want to
remarryبسم اللہ الرحمٰن الرحیم

Marriage and Divorce
ID: 1741 | Date: 2022-12-29
Requesting Fatwa on Khula

 

Assalamualikum wrwb respected Imam/Mufti,

Context: Our nikah was done online in the presence of an imam and both families. At the time of nikah she was in Dubai and I was in the USA. I sponsored her to live with me in the United States, paid 100% university fees for her Master's degree in the United States, and guided her through the entire process of finding work, obtaining a work permit, and so on. Now that she has completed her studies and obtained a work permit, she left me in Seattle, Washington, and moved to Sugarland, Texas without asking me. She has made no contact with me for the last month; she is not responding to my messages and has blocked me.

She is making false allegations. The main reason she left me is because she likes to be independent and does not like me asking her to pray and follow the Quran and sunnah.

Can you please answer to few of my questions give fatwa on below questions:

1) Can she take Khula without my consent or knowledge by providing false details to the Imam/Mufti?

2) Will the Imam/Mufti cross-check with me the information she provided before granting Khula?

3) If she takes Khula, can I ask her to repay the Masters tuition fee I paid because she used me and left me right after finishing her studies and getting her work permit. I am not asking her to repay anything else I spent on her while she was living with me but just the Master's tuition fee.


Jazakallah Khair

 

Marriage and Divorce
ID: 1735 | Date: 2022-12-18
مکرہ کی تحریر ی طلاق پر زبردستی بغیر نیت وارادے کے دستخط کر وانے کا حکم

محمد تنو یر شہزاد 

18 دسمبر 2022 

السلام علیکم و رحمۃ اللہ و برکاتہ

18 دسمبر 2022

محمد تنو یر شہزاد 

03336780976

اوکاڑہ 

raomts1313@gmail.com

عنوان:

مکرہ کی تحریر ی طلاق بغیر نیت وارادے زبردستی دستخط کر وانے کا حکم 

 

اک مسئلہ کے سلسلے میں جناب مفتی صاحب سے شرعی حکم درکار ہے

 

کیا فرماتے ہیں مفتی صاحب کہ ایک شخص کو

1 جان سے مارنے کی دھمکی دے کر

2 بازو یا ٹانگ پر گولی مار کر معذور کر 

دینے کی دھمکی

3 اغوا کا جھوٹا مقدمہ کر کے جیل کی دھمکی

4 اینٹی کرپشن میں جعلی مقدمہ کر کے سرکاری نوکری ختم کر وانے کی دھمکی

دے کر

5 مار پیٹ کر کے

6 جھوٹا مقدمہ کر کے اسے اور اس کے

بھائی کو جیل بھیجنے کی دھمکی دے کر

 

سوال:

زبردستی تحریر ی طلاق پر بغیر نیت وارادے کے دستخط کر وانے سے کیا طلاق واقع ہو جاتی ہے یا نہیں؟ 

 

1 خود کو بچانے کے لیے دستخط کئے 

2 نہ تو طلاق دینے کا ارادہ تھا اور نہ ہی نیت

3 زبان سے طلاق کے الفاظ ادا نہیں کیے اور نہ ہی زبان سے طلاق دی 

 

جبکہ بندہ کو یقین ہو گیا تھا کہ اگر وہ دستخط نہیں کرے گا تو وہ جو کچھ کہہ رہے ہیں وہ نہ صرف یہ سب کرنے پر قادر ہیں بلک وہ ایسا ضرور کریں گے 

جبکہ وہ صرف زبانی دھمکیاں نہیں دے رہے تھے بلکہ وہ نا صرف یہ سب کچھ کرنے پر قادر ہیں بلکہ وہ سچ میں ایسا کر گزرتے

جبکہ وہ شخص سرکاری نوکری کی وجہ سے نا تو کہیں چھپ سکتا تھا اور نا کہیں جا سکتا تھا اور اس کو مکمل یقین بھی تھا کہ وہ جو کہہ رہے ہیں وہ ایسا ضرور کریں گے کیونکہ انہوں نے جہاں وہ نوکری کرتا تھا ادھر جا کر سب کے سامنے مارا اور اگر وہ کہیں چلا جاتا تو اس کی سرکاری نوکری ختم ہو جاتی مطلب نوکری ختم ہونے کے ڈر سے وہ کہیں جا بھی نہیں سکتا تھا

اس نے صرف خود کو بچانے کے لیے تحریر ی طلاق پر دستخط کیے جبکہ زبان سے طلاق کے الفاظ نہیں بولے مطلب زبانی طور پر طلاق نہیں دی اور نا ہی طلاق کا کاغذ تیار کر وایا

طلاق کا کاغذ بھی لڑکی والوں نے خود لکھوایا اور بندہ نے صرف دستخط کئے اور کاغذ پر "طلاق طلاق طلاق (ثلاثہ)" لکھا تھا

 

سوال :

کیا خود کو بچانے کے لیے بغیر نیت وارادے کے دستخط کر نے سے طلاق واقع ہوئی یا نہیں؟ 

کیا وہ اب بھی بیوی ہے؟ 

کیا وہ اب بھی میاں بیوی کی حیثیت سے رہ سکتے ہیں؟ 

مہربانی فرما کر جلد سے جلد شرعی حیثیت سے حکم سے آگاہ کیا جائے قرآن و حدیث اور علمائے دین اور مفتیان اکرام کے حوالاجات کے ساتھ تحریر ی شکل میں با ضابطہ مہر شدہ فتویٰ جاری کیا جائے 

جزاک اللہ خیرا

Marriage and Divorce
ID: 1715 | Date: 2022-10-31
Will their remarriage be permissible according to the Shariah of Islam? Please present reasons.

They got married on March 20, 2020. At the time of the wedding, the bride was staying in America and the groom was with his family and the bride’s family in Bangladesh. In the video call, the bride accepts, and her father signs on behalf of the bride. Bride accepts (says the Kobul) over video call that her father, Kazi, and everyone else listened. Bride’s father did not pronounce anything on behalf of her. The dowry was written as collected in the Kabin, but the groom did not give it to the bride’s family.

After a few days of marriage, quarrels started between them over the phone, and the bride sometimes started abusing her husband, because she felt mentally stressed and helpless. The groom had informed the bride from the beginning that if she abused him for any reason, the bride would be divorced for the fourth time. Such abuse happened more than four times. The bride repeatedly apologized for her actions and asked for time until she returned home. Regardless, the groom divorced her according to the Muslim Shariah of that country on November 9, 2020, before she arrived in her home country. Before the divorce, the groom did not inform the bride and did not discuss it with her family.

For divorce, the groom went to a law firm and got a lawyer’s help. There the Kazi Saheb recites the Khutba and recites aloud who is divorcing whom. The groom nods three times to the yes indicator response. Then signed the written divorce papers. It is noted that the lawyer gave two options to the husband: 1) to give three talaqs at once (Talaq e Bayeen), 2) to give one Talaq, and then to give the remaining two talaqs at intervals of one month. The lawyer said that triple Talaq in one sitting would be effective after three months, like one Talaq in one sitting, but the husband need not go and sign three times. The groom opted for three divorces (Talaq E Bayeen) in one sitting. The divorce papers are sent to America and then she comes home. The bride tries to communicate with the groom and his family, but they do not give her a chance. Then in March 2021, the divorce became official.

NB: Remarriage with the divorced partner for the second time is allowed under the counsel of their marriage & divorce. In this case, for one time marriage, one time divorce is counted even though the divorce is pronounced thrice. In this way, after marrying and divorcing three times, the husband and wife becomes haram for each other. The link is attached here (see section 7: Talaq)

http://bdlaws.minlaw.gov.bd/act-details-305.html

Marriage and Divorce
ID: 1700 | Date: 2022-10-11
Divorce by Imam

السلام عليكم ورحمة الله وبركاته

Respected Mufti Saib,

I have a question regarding divorce do the imam masjid have the right the issue divorce to someone wife. There were some disputes between me and my spouse. I have asked them through differenet people that we can solve this matter " that you get your right and I get my right and end this in a good manner" but they are saying we have to use the law of Land (USA) and making some misleading and baseless statements in the court, by which my rights are being taken away. So after grabing away the rights of the father , can a imam masjid just on the basis of the degree of divorce from the american court can issue a divorce to some one wife.

I know that the civil divorce and the Islamic diroce are seperate things,does siging the divorce papers (with no intention of divorce) in the american court where the judge is nonmuslims means that the divorce is done islamically as well

Can husband ask the wife of in laws to Make a oath regarding the statments made to issue the islamic divorce. I came here as an international student and I was promised the papers soon after coming into the USA, If someone have to leave the country now , does that automaticaly mean divorce, I mean can a imam masjid issue a divorce.

Thanks

 

 

Marriage and Divorce
ID: 1690 | Date: 2022-09-26
Cannot sexually satisfy wife

Assalaam Alaikum,

I have been married to my wife for 16 years with 3 kids.

During sex, i lose my hardenss and also ejaculate sooner, because of this problem my wife feels unsatisfied and gets frustrated. I have been trying some medications but its not helping. 

I have few questions:

1) What are my permissable options to make this marriage work?

2) Should I let her go by divorcing her so she can marry again with a person who can satisfy her?

3) If we stay in marriage and if she gets in sexual relationship with other man, Will this sin be on me? Will I be accountable to Allah for her illigal relationship?

Please advise on the basis of Quran and Hadith.

Jazakallah khair.

 

 

 

 

Marriage and Divorce
ID: 1688 | Date: 2022-09-25
Marriage and Divorce

As salaam alaikum, 

I am seeking a fatwa and therefore have a question regarding divorce and marriage (again with each other). 

I filed for divorce (legally) from my wife(currently ex-wife) due to our then (several years ago) circumstances, situations, but never intended to divorce per shariah/islamically and I never uttered "divorce" or "talaq" even once. I and my currently ex-wife have one kid together who we both love very much. She also never wanted divorce but just that our misunderstandings were at a level that we made mistakes and had to go through situations unforseen and I had to file for divorce legally hoping/wishing that if there is an opportunity to get back with each other we could.

It is now my understanding that the divorce we have through court of law is accepted and currently we are divorced.

I would like to know the shariah ruling if we would like get married again with each other what is the ruling and procedure. 

I don't see the option here to attached the divorce decree and the petition for your review.

Please let me know. 

Jazakallah Khair 

Marriage and Divorce
ID: 1675 | Date: 2022-08-22
Requesting divorce

Asalamualikum,

I was told by one of my local Imams to contact this board with my request. He is familiar with my situation, but does not want to be involved. No local Imam can assist as they would get in trouble with the local government if they said I was divorced as the Government reserves that judgenment for themselves; which is VERY expensive.

I know I have to get divorced civilly as soon as I can afford it. But as I have been in school since September 2021, and not earning (supported by a halal loan from a friend, Alhamdualliah!!) it won't be till I've been working 6 monhts or more that I can even think about retaining a lawyer.  And I would simply like my Islamic rights as a believing woman so I can be free to remarry Islamically.

Asamualikum, and thank you in advance for your assistance.

Trudy "Amina" Francis

p.s. And yes, I have reported his 'change of address' to Immigration in 2021, and about 1 month ago his going to Egypt without me and my intent to divorce him as he made it clear he only married me for papers and place to live. No response from USCIS yet.

Marriage and Divorce
ID: 1672 | Date: 2022-08-12
Divorce

my husband divorced me.he gave three divorces together when i was  on my period.there were no witnesses at that time i had two kids ages 5 and 7.he was angry and also he was threatning to divorce me prior to this incident.he said that he was planning for it during the fight which lead to divorce.this happend on 11 may 2022 and after that i had a period on 9 june and on 15 july.til of today 12 august i had no period what is the status of my marriage.is there still a chance to riju. Or 3 divorces in one sitting ended all.or 3 divorces in one sitting counted as one? Do i gave riju period left or its ended .what will be calculation for riju period from which haiz to haiz or some other thing .a prompt reply is needed.

 

Marriage and Divorce
ID: 1671 | Date: 2022-08-12
divorce

Assalamu alaykum. I would like to know if under the following circumstances my marriage was nullified?
1. My husband wrote me in messenger: I was just about to say 1 talaq.
2. One day he asked me to promise him that I am not going to hurt him and if I do so again, our marriage will be nullified. I disagreed and rejected. But in a couple of days, when I learnt about his intention to marry another woman, I said If you marry her, I will be haraam to you.
So could you please help me find out if those words above caused me divorce from my husband?

Also, there was one time after I asked to divorce many times, he said alright, bring me a man who would like to marry you, then I will divorce you, Does this also count?

I kindly ask you to give me fatwa based on Hanafi madhab
Thank You

Marriage and Divorce
ID: 1661 | Date: 2022-07-17
Validity of nikkah done on audio call

My question is that if a nikkah is done on audio conference call like on one side of call was girl , on other side of call was a boy and on third side of call was a lawyer and molvi.. lawyer took the permission from girl then boy and girl did ajeeb o qabol directly on call ... is this nikkah valid ?

Marriage and Divorce
ID: 1646 | Date: 2022-06-08
Khula and Mehar Rulings in Islam

 Assalam o Alaikum,
My name is Imran, currently residing in CA, United States. Purpose of this email is to seek help regarding Mehar in case of Khula. 
I watched different YouTube videos and also searched on google but everyone is explaining it in different ways. I am very confused and seek your help.
My question is, what are the Islamic rulings of Mahar in case of Khula where there are no children and both spouses are earning almost the same amount of money and both are independent. In that case, if a husband demands full Mehar, is wife obligated to return the entire Mahar.
Please advise

Jzakumullah kher

Waslam 

Marriage and Divorce
ID: 1642 | Date: 2022-05-23
Condom

is the use of condoms alllowed

 

Marriage and Divorce
ID: 1636 | Date: 2022-05-13
2nd marriage

Asking for a friend. A friend married a man who is already married. His wife didn't know. They are Muslim. The 2nd wife recently became a Muslim. His first wife recently found out and is asking for a divorce. She says the 2nd marriage is invalid because they don't have paperwork. The 2nd marriage doesn't have paperwork because they are in the USA and fear legal problems. They did have 2 witnesses and made appropriate Islamic marriage vows. In Islamic law is this marriage valid or acceptable? The wife believes it isn't. The husband believes it is. I don't care about the USA legal law, I am asking about Islamic law. Thank you for your scholarly input. 

Marriage and Divorce
ID: 1611 | Date: 2022-04-01
NIKAH DISCLOSURE

May God bless you and have mercy on you

The question is

I got married online to a 42 year old divorced woman who came to me from USA to Dammam for four days then she moved back to USA from Dammam to USA and currently she is living with her ex-husband's house who gave her divorced in November 2020 with children's and nobody knows including her ex-husband that she is married with someone else. So if disclose my nikah front of her ex-husband and her family by any source, will I be guilty or sin of it? and my wife doesn't want me to disclose our secret marriage front of anyone 

I need your guidance sir according to law of shariya regarding this matter. 

 جزاك الله

 

 

 

Marriage and Divorce
ID: 1608 | Date: 2022-03-29
Marriage Question

A while back, almost 3 years ago, I had an argument with my wife and after the argument we let each other be. I went to another side in the room and was just thinking about what was going on and I Found myself mouthing the words “I divorce you”, randomly numerous times. Again, I was mouthing the words and not actually saying them. I can’t even remember how those words ended up in my mouth. Then one time the words actually came out to the point where I was able to hear them, like a small whisper. At the time, I remember being absolutely certain that I only heard the words once whereafter I immediately stopped. It was just a whisper that only myself was able to hear as I was mouthing these words and I remember stopping immediately because I actually heard the words come out. At that moment, I did some research and found out this counts as one divorce and my wife and I made up immediately and proceeded with our marriage. Now years later, I find myself thinking about this situation and whether I may have said and heard those words more than once. At the time that it happened, I was confident it was only said once, but now I get worried that I may have said it multiple times. I'm not sure if these are whispers from Shaytaan. Please advise. JazakAllah Khair.

Marriage and Divorce
ID: 1597 | Date: 2022-03-02
Marriage Argument

This is in response to Question ID: 1583. The statements from the question ID: 1583 are all that I can remember and am pretty sure nothing else was said that was an indication of divorce. I have restated the statements below for reference.

"l think we need to have a discussion, we need to think about divorce." Then we continued to argue back and forth. I also said "we aren't working out, we had a nice run, but now we have to think about this seriously" or some words along the lines of that. I was just talking about the state of our marriage and how it's been. My wife was telling me to stop. I told her I wasn't going to put up with her behavior anymore and her disrespect towards me. I never had any intention of divorce at this time. I was just telling her I was done with her behavior. Later the argument cooled down and that was it.

 

Marriage and Divorce
ID: 1591 | Date: 2022-02-18
Misunderstood the question please re answer Question ID: 1573

Assalamoalikum Mufti Sab,

Please reanswer the question that was asked by me not by my wife.

Jazakallah khair.

Marriage and Divorce
ID: 1588 | Date: 2022-02-12
Is My Qulla JaYaz ?

Assalamualaikum Alhumdulilah I am living with my husband from 10 years he's very caring and respectful to me and my family we have 3 children's , but I am unhappy with him and seeking for Khulla for only one reason all those 10 years I always see him interested in other girls when we go out he always watch girls ass and breast and keep looking and stare at them , he was in love with his colleague worker I stopped him from talking and meeting them , I gave him enough chances each and every day , but my only problem is he is interested in each n every girl like talking to them , watching them at work places or around him .. and I seriously doesn't like it  he even told me he has sexual desires for one of the girl which I couldn't even get out of mind. Is it jayaz for me to take Khulla ? He's doing very Good as a husband or father . But I am really really unhappy that he stares girls everywhere we go and talk to girls . 

please let me know the process to khula ? Or my khula Reason is Jayaz or not . I Gave him enough chances . 

Marriage and Divorce
ID: 1585 | Date: 2022-02-10
IVF treatment and marriage on zoom.

I wanted to know what is the ruling regarding getting married via zoom.  Will the marriage be legitimate?  Also I wanted to know about a married couple conceiving a child through IVF.  What is the ruling regarding that matter as well. 

Marriage and Divorce
ID: 1583 | Date: 2022-02-07
Marriage Argument

Assalaamualaikum,

A couple days ago I had an argument with my wife about divorce. The conversation started with me saying "I think we need to have a discussion, we need to think about divorce." Then we continued to argue back and forth. I also said "we aren't working out, we had a nice run, but now we have to think about this seriously" or some words along the lines of that. I was just talking about the state of our marriage and how it's been. My wife was telling me to stop. I told her I wasn't going to put up with her behavior anymore and her disrespect towards me. I never had any intention of divorce at this time. I was just telling her I was done with her behavior. Later the argument cooled down and that was it. 

My question is do any of the statements I mentioned during the argument constitute divorce? I know that intention in these statements is what matters but I also read somewhere that divorce is also determined by the circumstance one Is in, and if the conversation is about divorce then the intention will not matter, unless the husband is adamant and 100 percent sure there was no intention. I am a bit confused. Could you please help? JazakAllah Khair.

Marriage and Divorce
ID: 1579 | Date: 2022-02-07
Responsibility on us with Father's Ex-wife

Aslkm Mufti Sahab,

My father got married to a divorce lady in US, my father is from india he works in saudi arabia, he travelled to US and got married there probably 1 decade back.

he didnt introduced us to them. we dont have any problem with his second marriage.

my father's second wife (divorce lady) was already having 3 children with her first marriage.

we asked our father many times about my step mother, how and where she is, he never told anything and just kept quite.

once he made me to speak to her on phone for reason of just a casual meet and greet, i happily spoke to her and there was no any issue.

as i was having her number with me (father's second wife) so i casually called her.

she said that her relationship with my father no more exists and Tallaq occured. i told sorry to her, and she told me to convey this message to my father -- "to send Tallaq papers" 

now my question is if the Tallaq is over(My father never told me about this -- i heard from her only), she is still as a Mother to me.

i have to keep calling as a part of motherly care and should i need to speak to their 3 children also.

my father is in india and never again travelled to US.

and as said by my step mother that Tallaq is over -- stil she holds the share in the properties of inheritence of my father in future.

and as our religion clearly reminds to do qidmat to one's parents -- should I need to speak to her on regularly basis as a Mother or not.

Jazakallah for answering 

 

 

 

 

 

 

 

Marriage and Divorce
ID: 1573 | Date: 2022-01-29
ILL THOUGHTS ABOUT DIVORCE

Dear Mufti Sahab,

Assalamualikum wa Rahmatullahi Wabarkatuhu!

May Allah accept the important work that are doing.

I am married for 3 years and I have a kid now and a daughter is expected in the next few weeks Inshallah. My wife is from the Ahle-hadeeth family, in the first year of my marriage I used to have many wasawis or ill thoughts that shall I divorce her? and when I was alone sometimes I used to say these wasawis loudly to myself that "biwi to 3 talaq dedon?" or "shall I leave her?", immediately i used to say aloud to myself that I cannot leave her!!!! But I will teach her tabligh instead!! so these wasawis keep running in my mind and sometimes i had to fight myself and I did not have any intention to leave her and I love her so much. Please advice.

Jazakallahu Khair.

Marriage and Divorce
ID: 1571 | Date: 2022-01-26
Divorce & Alimony Questions

 Assalamu Alaikum

I live in USA and have been married for 21 years and have five kids from this wife. I have married to another women in 2016 and have one kid from her. Since then I'm splitting my nights between them and paying all the expenses of both houses. I buy all groceries, pay for clothing, pay all bills (phone, electric, gas, water, internet etc).

My first wife has filed with court for Divorce (didn't receive any paperwork from court), Alimony (Spousal Support) and Chil Support.


I have few questions and need writted fatawa in Urdu or English (English if possible).

1. According to USA law if there is a divorce case pending in the court, wife can ask for Alimony Pendente Lite from me, which is kind of support for my wife during the divorce case for her personal expenses which is about 25% of my net monthly income. Court ordered me to pay her $1200 per month based on my income, this is only for her expenses while case is in the court and after divorce is settled there will be Alimony which is almost same amount that I would need to pay her every month for next 10 years or so. Court said that I have to pay her $1200/month and also have to keep paying for all home expenses.

My question is, is it halal for her to get this money from me through the court while I was and am still paying all the expenses of my house including food, clothing, bills etc.

2. After divorce is finalized, court will issue another order to keep paying my wife Alimony for next 10 years or so, according to Sharia how long should I pay her expenses and kids expenses. Is it halal for her to take her expenses from me through court for next 10 years?

3. After divorce is finalized, court will order about Child Custody and Child Support. I would be ordered to pay expenses of my children that are under the age of 18 years old. According to Sharia how long and how much I should be paying for the expenses of my children? Does she has right to claim Child Custody according to Sharia? My children are 7, 10, 15 and 17 years old.

4. During the divorce my wife can claim half of the my all assests (cash, properties, business etc) that were build during my marriage. Is it halal for her to take half of my wealth through court order?

5. Because I didn't receive any paperwork of divorce from court yet, my lawyer told me to file for divorce even you didn't get anything from my wife yet. It will change Spousal Support application to Alimony Pendente Lite which will reduce my total length of Alimony. Divorce case is not yet stared, does my filing of divorce count as Shari divorce or it won't count until court makes a decision?

6. Once court order of divorce is finalized, will it count as one divorce? will she be my wife according to Sharia?

I will appreciate if you can answer it, may Allah reward you in abundance.

Marriage and Divorce
ID: 1547 | Date: 2022-01-04
Words of divorce

if a husband says to his wife, 'stop doing such and such an action otherwise I will give you a divorce'. Does divorce happen if she does those actions? The intention was to show frustration and say that the words of divorce might come out in anger if she continues to do that. The intention was not to give divorce based on that condition. If divorce does happen in this case what should a person do to retract it?

Marriage and Divorce
ID: 1521 | Date: 2021-12-03
Legal Separation

Assalam u Alaikum,
I wanted to know if legal separation is allowed in Islam.
I am going through a lot of marital problems including verbal and physical abuse and no financial support from my husband for several years now. I have three kids and I have been supporting them by myself for more than 10 years. I also have a lot of emotional abuse from my husband since he does not get along with anybody and always suspicious of others trying to harm him, that includes family, friends and neighbors. Despite me assuring him that nobody is after him, he has filed police reports aginst friends and neighbors.
I want to end the relationship, but I am debating between divorce and legal separation.
If somebody can help me answer whether legal separation is acceptable in Islam, I would be grateful.
JazakAllah

Marriage and Divorce
ID: 1514 | Date: 2021-11-23
parents won’t let me get married

I am 21 year old girl, and I want to get married to a muslim man. My parents do not approve of him because he is a revert, he is not from the same country as us, and his family is not muslim. I believe that those reasons are not islamically valid, and I want to know my options. My community here does not have a local imam I can bring in to this situation. How can I have a nikkah if my dad is not being reasonable? 

Marriage and Divorce
ID: 1510 | Date: 2021-11-20
Dissolution of Marriage

Assalamoalikum, 

I am going through a divorce and have following questions and would appreciate if I can get the Islamic ruling/fatwah for them. 

1-      What is Islamic way/ruling for calling out for a Divorce? How it should be given? Should all three be given at the same time?  

2-      I have three children 8yr-9month Son, a 5 years-4 months daughter and 3 years-10-month son. In case of divorce what is the Islamic law for the children custody, should it be given to the father or mother? 

3-      After mother who has the right on the children per Islamic law? 

4-      What is the responsibility of the husband over x-wife after the divorce? And for how long the man has to fulfil this right of x-wife? 

5-      What is the Islamic ruling in regards to child expense & alimony on father or mother, after the Divorce? 

6-      If all the property, house mortgage, vehicles, 401k and bank account is under Husband’s name then as per Islamic law what should be the share of x-wife after divorce on the property, wealth, asset and debt? 

7-      What is the ruling per Islamic law for the gold jewelry in the possession? 

8-      If husband is liable for the legal fee occurred by the wife during the Divorce process? 

An early response will be highly appreciated. 

Jazak Allah!

Imran Siddiqui 

Imsiddiqui79@hotmail.com 

(630) 666 9139 

Marriage and Divorce
ID: 1507 | Date: 2021-11-15
Mahr question

Asalamualaykum-

Girl is asking Mahr which I am not able to pay at this time, can I pay certain amount at Nikah time and rest after marriage and we live together? 

Jazakallah

A

Marriage and Divorce
ID: 1493 | Date: 2021-10-27
Divorce Question

Assalam o alaikum . I have one child from the marriage who is 12 years old. The events that led up to me filing for divorce was that my ex -wife had left the house of marriage  in Feb 2018 without my consent with my ex in laws. The day she left I was physically attacked by my ex brother in law and false accusations of physical abuse were put on me in front of witnesses. I consulted with my father he said try to reconcile so I asked the uncle of the wife if he can help. Her uncle upon hearing everything then decided that I should pay her $2000 a month and also that there will be indefinite separation between the two of you  and that the two of you will not talk to each other and he said you can just come every two weeks to pick up your son for a day and then leave him back without saying anything and just keep paying your wife.. I did not agree to that . I  paid her money for son $2000 a month and then due to depression I lost my job so I cut down the amount to $1000 after an entire year of not hearing anything back from my ex- wife or my ex - in laws I asked my father again as to what should be my course of action he referred me to a religious scholar  . After reaching out to him my initial attempt  was to reconcile. Yes there were some disagreements that me and my ex wife had but I never physically or verbally abused her. So in order to attempt to reconcile I tried to get those answers but I failed and things being said were not going to do any good but do harm so I asked the religious scholar to help in getting a divorce settlement. Based on the income my child support per N.Y state law was calculated to about $1200 a month but I decided to pay $1500 as I thought it would be beneficial .my ex wife demanded alimony and I said I am already giving child support more than state law but she insisted and the religious scholar said that since you guys cannot come to an agreement I will decide if you give me permission me and her both gave him permission. The divorce was filed in Feb 2020 and issued in Feb 2021 she continues to live with her parents and siblings with my son. It really bothers me that the religious scholar has decided that on top of Child Support I have to pay my ex wife $500 dollar alimony as well .He also has decided that if I ever lose my job I will be required to disclose all my assets and show that I cannot support my child. He also decided that my brother will be responsible if I do not pay the money.  Now after one year I have to move on so I asked if we can re negotiate on the visitation and financial matters of my son I have no problem paying as long as it is just and I can afford. It seems as though they are persistent in going after me they said they will not talk to me until I provide my 2018 , 2019 , 2020 Tax returns.. So please I would like to know what is your take on all of the above and is there any fatwa I can get in terms of Alimony validity as well.

Marriage and Divorce
ID: 1485 | Date: 2021-10-07
Khula vs talaaq

If the wife initiates divorce and ask for her husband's agreeance and he refuses saying that he would never give a divorce and to seek other means to do so, if the wife had a right to ask for a divorce due to being refused her rights and infidelity, first does he have the right to refuse, and second does it become a talaq because he refused to agree that day but eventually divorces a couple days later after he doesn't come home and she puts his things out saying she would send him the paperwork to finalize everything.? Wouldn't that still be considered a khula since she was forced to seek elsewhere because he wouldn't agree at first? If he only divorced her because she was putting his things out because he refused to divorce her, come home, and entertaining a woman that was not halal, is that still considered a divorce or an annulment?

Marriage and Divorce
ID: 1478 | Date: 2021-09-24
Nikah without parents permission

Assalamualaikum..i wanted to ask whether nikah without wali..i.e..nikah performed without the permission of the girl's father valid? and if at all its invalid than what action should the couple take to rectify it?

cam you please provide fatawa in support?

Marriage and Divorce
ID: 1472 | Date: 2021-09-18
I want a Khula

I am a 28 year old woman Muslim sister. I come from a Jamaat family and am active in the work Alhamdullilah. I am currently married to my third husband. My first marriage was influenced by my mother's pushing. My second marriage, I liked him but he didn't like me. They both were trying to get a green card from me. The men in my family did not help me find a husband because they either refused to help and/or are incompetent at picking suitable husbands. My life has been like one experiment gone wrong after another. I have been married to my current husband since 2019. When I married my husband, I was not physically attracted to him but I married him out of family pressure. My previous husband was much larger physically and so I was not attracted to my current husband. After the honeymoon, he was not able to make me climax. I told him I didn't want to continue but he begged to keep the marriage and give him another chance. I gave him another opportunity and things temporarily became somewhat better. However when I moved states to live with him, things turned worse. He became sick and his stomach wasn't working well so he wasn't performing well sexually. I wanted to leave again but he told me to stay again. He said he would work out and get stronger. But he's always busy with something. Its been 2 and a half years now I am in this marriage. My husband is not able to satisfy me. Every climax I have gotten ever since July 2019 is from a toy. I am left to take care of my needs with toys which I hate. I feel so guilty afterwards and it just feels wrong and embarrassing. I don't want to stay with my husband anymore because he's not giving me what I need as a wife. I feel like I am a single woman. I just want to be free to find a husband more suitable for me. 

I want a Khula but I don't know how to do that. I have loaned my husband my dowry money and more than that when we were going through a financial situation. I've tried giving him money but he told me that I could leave and not pay him because he owes me money. I don't know how this works. 

Marriage and Divorce
ID: 1471 | Date: 2021-09-17
Divorce

asalaamualikum.  I'm writing just to get a clarification on where my nikkah stands with my husband. We have been arguing for a few months now and family got involved. Since then, things have been not too good between us. His brother wouldn't even let me communicate with my husband and our distance grew. I discussed to do marriage counseling but he refused at the time because of our heated argument. 

We separated for 3 months since June 2021. He sent me legal separation documents a few weeks ago which I have yet to sign. I went to his house to get my belongings on Monday September 13. There, after a heated argument with his dad, his dad told him to relieve me from the marriage and divorce me 3 times.

So, my husband said he divorced me 3 times in front of our witnesses in that one setting. This was his first time ever saying that. We both never really had the chance to talk things through because family was involved. Does this count as 1 divorce pronouncement or is our nikkah islamically over?

Marriage and Divorce
ID: 1466 | Date: 2021-09-10
Nikah of my Sister at age 3 years .

Assalam o Alaikum.

My father did the Nikah of my sister when she was 3 years old to an 8 years old boy . Now my sister is 23 years old and she refuses the Nikah and she says that she doesn't accept the boy as her husband. The boy says that she is her wife and he won't give her divorce . They never lived together. My sister lives with us since childhood. What is the Islamic point of view? Is my sister in that person's Nikah? Or is this Nikah invalid? Please answer.

Marriage and Divorce
ID: 1460 | Date: 2021-09-01
Custody

 Salaam alaikum,

I am interested in learning about Islamic ruling on the custody of children once parents divorce. Who gets the custody, mother or father? Does it differ, and does it change over time based on the gender of the child/children and the age of the child/children?

Also, if the woman (mother and the ex-wife) remarries, how does that affect the custody?

Thank you in advance,

Mirza

Marriage and Divorce
ID: 1452 | Date: 2021-08-21
Marriage and Divorce
ID: 1451 | Date: 2021-08-21
Qasm-e-Eela

 

If a husband who resides with his wife abroad, due to some disagreement takes her back to the country of origin and leaves her with her parents, and states that you will now reside with your parents forever and I'll just keep on sending you living expenses, then with this intention and reasoning leaving one's wife in this manner will constitute qasm-e-eela? If it does then what does the Islamic Shari'ah says in this matter?

Marriage and Divorce
ID: 1438 | Date: 2021-08-02
Divorce Question

Assalamualaikum Respected Scholar,

My ex-wife was from a different state, and after she left my home without permission, from her state my ex-wife filed a restraining order against me based on false accusations. The order forbade any contact or communication with her whatsoever. Even though I had not made any contact with her since she left our home some weeks ago. I was unable to fight this restraining order because I couldn't travel out of state due to my financial situation. I still didn't have an intention to end our marriage but at the advice of my Father, I spoke with a Divorce Attorney in my state, who actually disclosed to me that my ex-wife had also contacted him. I was shocked to hear this, and because now it was clear to me that my ex-wife wanted to end our marriage, I decided to submit to the court a "Petition for Dissolution of Marriage" in my home state. This was to avoid having to travel to my ex-wife's state for court proceedings in case further false accusations were made against me.

The "Petition for Dissolution of Marriage" is a formal request to the court to end the marriage. But, I didn't view this as a Talaq. I filed the petition to the court and my attorney then sent it to my ex-wife. Then the next step as part of this process was that through our respective attorneys my ex-wife and I negotiated a "Marital Settlement Agreement". All her material belongings were returned to her. The Marital Settlement Agreement has broad legal language. In this Agreement we had agreed to the division of any financial assets as well as released each other from all other claims.

We came to an agreement through our lawyers that she would keep the jewelry, and I would also not have to pay her anything. Finally, my ex-wife signed and notarized this document first, after which I signed this Marital Settlement Agreement. This Agreement was then made part of my case. My lawyer presented everything to the Judge, and the Judge finalized and approved the divorce. I viewed this entire occurrence as a Khula since my ex-wife had herself left our home and legally forbade me from contacting her. Furthermore we had made an agreement after I petitioned the court for Dissolution of Marriage that I would not have to pay her the mahr, and she wouldn't have to return the jewelry. But I would like to know what is the religious verdict, and want to know if I should still pay her the Mahr, even though we had a Marital Settlement Agreement which she agreed to and signed first.

Marriage and Divorce
ID: 1437 | Date: 2021-07-30
Divorce

As Salaamu Alaikum wa Rathmatullahi wa barrakaatu my dear respected Scholars.After being married for 12 years I am undable to deal with the mental ilness that my husband has. This was not disclosed at or before marraige. Without slanderting or embarassing my husband, most things of debt will need to be discussed personally. It should be known that he left our marital home on his own account in 2019 since then there has been incidents of rage and fear induction that has lead to protection orders. Even with these things I have tried to remain married Islamicly. At this point I am realizing that these things are reoccurring and increasing in frequency. I have made insttakarrah about remaing married to him and the very next day an incident occurred. He has verbally divorced me twice in addition to this I have a legal divorce from him. He is not finacially responsable for me or our 2 children together. My question is are we still married Islamicly? If so how can I get an Islamic divorce? Insha Allah

Marriage and Divorce
ID: 1432 | Date: 2021-07-24
Marriage Problem

Assalamaolaikeum,

I live in California and married for the past one and a half year. Ever since we have been living together, I found my wife texting on the phone more than often and with her back towards me on a number of occasions.

At first I kept ignoring her actions, but it was a real torture and pain for me to see her texting on the phone and ignoring me. It came to the point where she would be looking over her shoulders while texting and with her back towards me. Last week I took the courage and asked her who she was texting and took her phone from her. I found a long chain of messages until last year January (that I can confirm) with a guy. I asked her who he was and she got confrontational and told me it was her friend from her Master's program back in Chicago. I kept my cool. She left home the following night. Later on I got to know that it was her gay friend and she had been in close friendship with him for the last 3 years. I also saw a few pictures from him. She never wanted to accept her mistake and left home, and went back to Chicago to her family.

I'm in tremendous pain and shock right now. She has blocked me from everywhere. I'm having a hard time coming to a decision. I tried patching things up but she puts forward a condition that I would have to agree on marriage counselling before she would talk to me. It was all her fault. Now she says she would stop talking to her friend.

What does Islam say about living with such a wife? Can there be any reconciliation possible and if yes, then what should be the terms put forward by me? Should I give her a second chance? Do you think I should strart a family with a wife that accepts homosexuality and close friendships with such people?

Marriage and Divorce
ID: 1411 | Date: 2021-06-19
Mulsimah marriage to Jew

Assalamualaikum, 

A back Jewish man proposed me for marriage. He has worked with my team for a project. He once cried and Sweared by God that he really wants a future with me.

I need to know, in the light of Islam if it is permitted for Muslim lady to marry a Jewish man.?

I don't know his thoughts about converting to Islam but I have seen he is diligent and offers jewish prayers and does religion discussions with his Jewish fellows.

Could you please reply me ASAP?

Jazakallahu qair

A mulsimah, your sister

Marriage and Divorce
ID: 1388 | Date: 2021-05-17
Fatwa on Divorce Status

 Assalamoalikum,

I am married with my wife for past 5 years and have one child from her. She was married earlier and filed for absentia divorce/khula in USA civil court while her previous husband was in Pakistan. USA divorce notice was served to him in Pakistan by her lawyers which he later signed. Based on that, US court issued her divorce decree and after around 5 years we got married. Recently during Ramadan, we were discussing the matter about Khula and i checked some online fatwas regarding Khula from different schools of thought and got concerned whether her Divorce was even occurred. There are some fatwas available at darulifta website, some states civil divorce doesnt invalidate islamic marriage and some says it does. Also khula can only be valid if decreed by Qazi or Muslim judge. She had asked some Mufti in Uk and as per them her divorce had occurred as her husband signed the divorce notice with or without intention of divorce.

I am very concerned for past few days after reading some online fatwas and would like to request for a ruling based on above circumstances.

I ll highly appreciate if you can give fatwa at your earliest convenience.

Couple of References:

https://daruliftaa.com/talaq-divorce/legal-civil-divorce-according-to-islamic-law/

https://iceurope.org/fatwa-a-civil-divorce-is-not-a-valid-islamic-divorce/

Jazak Allah

Marriage and Divorce
ID: 1376 | Date: 2021-05-06
Need to register court divorce and get sharai fatwa for my Khula.

Asalam u Alaikum!

I married in 2008 in Pakistan, after 12 years of abusive marriage i took khula in Florida(US) in 2019. Now someone to said to me that court divorce certificate is not valid and I need to register is in any islamic council and get certificate from there. Please tell me what is the procedure and what islam said about this?

I saw my husband last time in October 2018, after that we dont have any relation, i got my divorce from court last year dated January 14, 2020.

Allah hafiz

Sumera Syed

Marriage and Divorce
ID: 1344 | Date: 2021-03-27
Divorce

when a husband and wife get a divorce can the man and woman still meet for the childeren? 

Marriage and Divorce
ID: 1343 | Date: 2021-03-25
issue regarding divorce

In the year 2109, I filed for legal separation from my husband without informing him after going through marital disputes. After a few months, out of anger, my husband created a what's app group with the title of DIVORCE  and clearly mentioned in the what's app message that I should file for divorce default by myself. Later using the same what's app group he started sending messages to my family members stating that he has accepted the legal separation papers which were served to him and even said that he takes it as khula and khula is done according to him. I and my husband were in no contact until then, later we came in contact through email, conflicts were still not resolved and he again said through the email that he had sent a document to the court with his signature stating he wants to amend legal separation into a divorce. The next day when we had a conference call in court and I was asked again by the court about my decision so I went ahead and filed for divorce(KHULA). and it's been over 5 months since the KHULA is been finalized.

Now according to the whole situation presented above, when my husband sent the what's app message and submitted the document to court with his signature to amend the legal separation into divorce, so in both cases did two talaqs already happened or just one? and is it still permissible for both for us to get remarried with a new marriage contract (NIKAH)?

Marriage and Divorce
ID: 1329 | Date: 2021-03-10
Sex

Iam 22 year old, Iam have severe night fall promblem for 4 years and becoming weak day by day, now i am tired of treatment and doctors are saying that you muat have to do sex otherwise there is no other solution, so at this moment i cant get married,

My Question is that , can i have a sex partner whom i can contract untill getting married, is this permisible in case of ilness

Marriage and Divorce
ID: 1323 | Date: 2021-02-28
Divorce Validty

Assalam Aleikum warahmatuallah wabarakat. 

I  have married to my husband since 2016.He is Revert  but something's in Deen are not so strong with him.

I believe he has a Mental condition that is on and off.He has had a traumatic  childhood his mum died when he was 4  dad left him  and remained. He was Married at 18   ,he went to jail as a juvenile, his first wife  cheated  on him with another  man..

Basically what  I am try ing to say if  you add all that up you will conclude that he has a Mental issue, so much so that the state  made an evaluation and decided  he has a Mental  disability  of some kind .itd not  always  but the trigger is extreme  jealousy  that just sets him off. 

I didn't know all that before I  Married him having said that I don't want to be separated from him, because the better times are more than bad times.

For that reason I am asking for s Fatwa.He is Jealous of my Dad Brothers,his own son ,any men that even  glances at our house  even if I am in the Back room  and I am not present it bothers him.

My Question  is he has pronounced divorce so many times when his mental condition kicks in ,I felt I had to ask.

Latest incident, he was to take me to my hospital appointment, then he says ho by  yourself  I took the car out as I was backing  out it got stuck  in the snow  I went back in and called him he came out when he tried he couldn't  take it out the  neighbor  came to him he managed to get it out as I got back in the car ,I said thank you to the neighbor and to another  stranger  who came to help I didn't even look at them..He pronounced divorce  was in my menses ,when I was zahara, we prayed together read some Quran and Made Dua.Then  I asked him again  I said am clean did you mean it?.

He got upset  and he said zi tricked him to read quran and pray and make Dua,So he said yes I meant it.

Now he is crying out to Allah  and saying that he doesn't want to be alone,his other family members are not following  Islam basically he is on his own.

I am 3 days into  my Iddaa  what is the Fatwa,?

Marriage and Divorce
ID: 1320 | Date: 2021-02-21
Question regarding marriage

I got married the 1st time when I was 16 years old. during the nikkah, my husband, his friend, the Qadi and I was present.  My parents did not consent to the marriage. Within 6 months of my marriage, I became pregnant with my first child. My husband and i would argue which resulted in misunderstandings among us. 

Then, he got married again in another country without telling me. When he came back and told me, I got upset and left to my parents house. Just out of revenge, I married again. 

I soon realized this was a big mistake because I was very unhappy in that second marriage and I got contact with my 1st husband again. 

We started seeing each other again. Soon I was pregnant with his child again. Because of society, we again couldnt be together so we just stayed apart. 

Recently, he is empahizing that he belives im still his wife and we should move in together. I also feel the same way. His second wife does not want so. 

I really want to follow the Qur'an and sunnah. Please advise me which marriage is valid. 

 

 

Marriage and Divorce
ID: 1318 | Date: 2021-02-18
Marriage counseling after a divorce

My wife and I have divorced and we are starting to try and reconcile I want to know if I can get live chat counseling or counseling by zoom or counseling by FaceTime. If so what is the cost to me

Marriage and Divorce
ID: 1296 | Date: 2021-01-18
Too many arguments in marriage life

Asalamoalikum,

I got married in 2017 and there were and are alot of diffference among our families (both financially, culture, aqeedha and school of thought, didnt think too mcuh before getting married). In all these years since marriage, we had too many arguments which goes to extreme point. There are good days also. I am worried about my own mental health and hers and not sure if this will gonna last longer. We have not tried any sessions. Is there is suggestion or islamic way to helps us please. 

Kind regards,

Bilal

Marriage and Divorce
ID: 1294 | Date: 2021-01-18
Marriage and Divorce
ID: 1290 | Date: 2021-01-14
Marriage/Divorce

As salaam alaikum, 

I have a question regarding divorce through a court of law. Intention here is to understand from shariah perspective whether according to shariah if the divorce accepted in the court of law is VALID or NOT-VALID ? This is without announcing talaq either verbally or in written ever ( not even once )  to my wife. Is rule of the land override shariah law? 

Just as someone who intends to marry one have  to first get marriage license and must perform nikah in order to live in a married relationship, so is it not MUST  to take/get divorce ( talaq )  according to shariah as well after getting divorce through court of law? 

I and my ex-wife, legally divorced through court order, having one child. After an extremely tumultuous, stormy period of living with extreme level of perseverance with my wife and not seeing any relief or a way to make marital life even remotely peaceful and many attempts of reconciliation failed, I as a way of saving myself from many issues had filed for divorce after a separation of 1 year away from each other and it was accepted. 

We are living in separation and no contact except via email. I told her to take khula and she doesn't say anything and just said you filed for divorce and it will be accepted everywhere, I understand legally it will be accepted and that was the intention to get away legally for various reasons and have a window open in case she intends to save the marriage at least even for the sake of our child who we both love.

Question is, since I never said talaq to her verbally or in written or have ever intended nor she asked for it but due to consistent turbulence and for my safety I filed and got divorced but need to know if this divorce through court of law is valid according to shariah or is the marriage still intact? 

I read online and heard from few that divorce is not done according to shariah and MUST  be done by way of talaq/khula and some said it's divorced as that's the rule of the land/country. If it's rule of the country then can one take marriage license and consider married Islamically? When after getting a marriage license, performing nikah and then while divorced is it not must to divorce through talaq/khula to make it valid according to shariah? 

Please think through and let me know. 

Jazakallah Khair 

 

Marriage and Divorce
ID: 1281 | Date: 2021-01-06
iddah

ASSALM O ALAIKUM Mufti Sahab 

I have a question about my sister iddah ,Her husband has passed away last month 12/19/20 due to covod-19.She almost 60years old and living in the rent a appartment with her one son who studing and working part time.She working also from 2pm to 11pm shift. Her 2 grown son living in pakistan.her source of incom now her son who working part time and herself.My question to Mufti Sahab How long Iddah for her and what islam say about work she can work while she doing her iddah because iddah take long time to complete but company she work for may not to allow to take that long off from the work may she loose her job.Please guide us what islam say about this situation.I'm her brother  and  unemployed since covid-19 start.But I offer my help  monthly groceries but not  all the help.I wait your answer Jazakallah Khair.

Marriage and Divorce
ID: 1261 | Date: 2020-11-30
Talaaq Raji

As-salam-u-alaikim,

1. If a person what to give written permission to his wife to divorce herself (one Talaaq Raji),  what should the husband write (what is the correct and exact text should be)?

2. If a person wants to give one Talaaq Raji to his wife in writing, what should the husband write (what is the correct and exact text should be)?

Make Dua that ALLAH brings both husband and wife hearts in peace and let us do the right decision.

Jazakallah Khair.

P.S.  If answers can be given in Urdu as well.

Marriage and Divorce
ID: 1250 | Date: 2020-11-09
Nikah Validity

AsSalamuAlaykum wa Rahmatullahi wa Barakatuhu

I am a 20 year old student at a Madrasa. Several months ago I did nikah with a girl, 18, who lives in another state and is from my family. The nikah was performed over the phone with two male witnesses on my side and two female, one male witness on the girl's side. Neither of our parents had knowledge of this nikah at the time. It was done only because things had gone too far and we needed to protect ourselves from committing zina.

I consulted my teacher afterwards to confirm if the nikah was valid and he confirmed it was. Before doing nikah I made sure to check and double check if nikah is valid without the wali's consent (we're both Hanafi). 

Several months later now, my mother-in-law has found out about the nikah. She is completely opposed to it. She consulted a scholar, who declared the nikah to be invalid because my wife's parents' consent was not sought. My mother-in-law has convinced my wife that the nikah was not valid.

Please confirm whether my nikah is valid or not and help me and guide me through this situation.

Jazakumullahu khairan

Marriage and Divorce
ID: 1249 | Date: 2020-11-08
Talaq

One morning wife started arguing to me using very rough and disreputable. Then I called my father on the phone. " salaam dad. I don't like her anymore and I want speration with her." my father said " why don't you talk to your mother-in-law about her " then he's hang up on me.  About ten or fifteen minutes later my cousin arrived to my house. At the same time my wife aunty and husband arrived to my house as well too. While I was trying to explain the problem why my wife and I arguing . At that moment I was very up-set to my wife. My wife start yelling at me very loud voice . " I don't want you in my life " my wife was  uncontrollable. I was very extremely mad and angry. While my wife yelling. I said " I am going to devorice you" then she said " I don't care, I don't like you, I hate you and I am the same way as you" then ... My cousin said to my wife " stop it . " but she can't anymore. She started telling everything including husband and wife love-make. She said " I ( husband ) didn't take shower right after that." I was very shameful and shy. It make me more angry. Then I said it to her " i am giving you talaq...... My Nikāh is Haram on you ." right after that I did used my wife mother name to give talaq. Then I said do " what you got to do " I was still mad and walk away from the meeting.. Went to our bedroom. At that time I was very shock and depressed. But Mufi Sad ... All of these incident were made because of my anger. Right after thar, my cousin making a phone call my father " uncle, Mansoor had gave talaq to S Jay " my father said Okay. Then suddenly, my mother in law calling to my wife phone. My wife answered the phone then My cousin said to my mother in Law. " Mansoor gave talaq to S Jay " I heard everything from my bedroom. Mufi Sab, base on my matter and situation " would you please give me decisions of my talaq In Shariah. Right we both are very regrets and depression. 

Marriage and Divorce
ID: 1241 | Date: 2020-10-24
Validity of conditional divorce

 AOA,

In past year Over the year I have explicitly divorced my wife two times. But then reconciled. This third time while she was on phone with her mother. They threatened to discuss our marital issues at workplace. So I said that if our domestic issues will be discussed with outside world then before assume our relationship is ended. My intention was I will give her divorce as soon as she tells other as I didn’t know if divorce takes place if that action happened. After an hour I explained her that I meant there will be consequences if you discuss it outside but she told now you can’t take back the condition. So I said I am fine with it even it take place right away( thought that is the only option)

Now by other I meant people who are not family members, court or someone who will resolve our issue.

Later she did tell her friend some small Negative stuff about our household with no intention of disobeying. Also, I didn’t mean telling regular stuff will fulfill the condition. I meant the stuff that portrays our marriage is broken.

Now we want to be sure if divorce is valid. Also in future do we need to be careful about this conditional divorce.

I will really appreciate if you can answer it in light of Quran and Sunnah. As, I have searched the whole internet and there are no scholars available where I live.

JazakAllah!

Marriage and Divorce
ID: 1219 | Date: 2020-10-12
Marriage Dissolution

Dear Respected Mufi Sahib,

I recently havr gotten divorce from my wife. Can you provide a description of what are the things according to the sharia the is owed to her. I am giving all of the income she had earned during the marriage. Can you provide information on everything per the sharia that should be given to a wife upon divorce. Jazakallah khair. May Allah give you emmencw blessings for your hard work in educating the ummah with your knowledge.