Q:  What happens in a case where Talaaq is given in writing and only one witness from the husband side signs it while a witness from the wife's side refuses to sign?

Q: The following event took place over a year ago.

Zaid went off to study at the darul-uloom. Hinda was feeling neglected. Contact was made between Hinda and at least one third party male whom we shall call Zubair. Although no physical inappropriate would be proven, Zaid had gained recordings of some of the nightly phone conversations through a secret source which resided in the neighbourhood of Hinda. Zaid threatened her on one Sunday. The exchange of the dialogue was as follows:

Conversation one:

Zaid: Are you talking to a male other then myself?

Hinda: No.

Zaid: If you insist on lying, and if I ever said: you would be given one talaq, would you still insist on denying that you are not speaking to a male other then myself?

Hinda: I have never spoken to any male other then you. I am the daughter of an Aalim, who do you think I am?

Zaid: Ok, if you insist that you did not talk to a male that I have a recording of, than it is fine. If you did talk to a male other then myself, then one talaq falls upon you.

Hinda: I am not lying, why do you not trust me.

Conversation two: one to two weeks later:

Zaid: Look, I have proof that you have talked to a male other than me. This male is not a brother or uncle. You are talking to this male late at night. Is his name not Zubair (originals name has been change.)

Hinda: Nothing at all (meaning physical) happened, it was just a conversation. I was lonely…. (Based on Hindas acknowledgement of the conversation, does any talaq at all occur?)

Conversation three: Zaid meets her in the boarding of the madressa just before graduation:

Zaid: Can I please have the extra secret phone card (phone number) you have.

Hinda: I do not have any secret phone (sim card)

Zaid: Please be honest, and save our marriage. I beg you Hinda. Do you have a (sim) secret phone number?

Hinda: No, I don’t have a secret number; I told you that in front of my father few hours ago.

Zaid: If I was to tell you that if you have a secret sim (phone number) then a talaq would take place, would you go along with this? 

Hinda: yes I would go along because I am not lying. I told you I do not have an extra phone number. There would be no need to threaten me with a divorce. You are just seeking a way out of our marriage.

Zaid: Ok, if you have an extra  sim card other than the one I am aware of, or a secret phone number, than one talaq is given to you.

Conversation four:

Ziad: I know you have a secret card, please give it to me. I have a recording that proves this. Let’s call the number.

Hinda: ok, after searching her private belongings, she takes out the secret phone number. ‘Here it is.’ Extra (secret) phone number is handed over and a call is made to her father by her with the acknowledgement made as to the secret phone number she had with her. The same secret phone number she lied to in front of her father. The secret number she used to contact male other than her husband whilst residing in her father’s home.

Although I am ambivalent about our marriage, I have delayed in displaying the above scenario to anyone. It was document as it took place and kept aside. I really do not like my wife based on the above thing she had done, nor do I want a divorce. I can answer the above questions had a stranger brought me the case, but regarding my own matter, I am tongue tied. To make matters worse, a naqshabandi shiek was contacted by me. My father in law requested a need for continual reformation (islah). The shiek said the following to me: Are you married? Or do you think you are married? Sometimes we feel we are married but divorced and living in zina. Even since he mentioned these words, I have become paranoid regarding my situation.

Simply asked: How many talaq have taken place. This happened over a year ago. We have not physical met for over a year as a result of geographical separation.

The lady feels that no talaq has taken place and that shaytan is creating a wedge between the husband and wife. She has been told to mention the above matter to her alim father, but feels nothing negative (talaq) has taken place, so there is no need to make mention of the above. Zaid does not want to be with her, but his heart is not inclined to divorce based on certain Hadith. Also, did Zaid divorce her, or did she divorce herself due to lies as a default?

My parents and other family members would be devastated should the above constitute a divorce. Do I have to inform them about a divorce, that is, if you folks feel it has taken place. Or can I be silent about the matter.

Q: I wish to know as to whether a father who is entitle to custody in terms of Islamic Law of his children girls ages 15 and 13 respectively can make a following condition as his wife who wants to divorce him and refuses to give him custody of the children. The condition being that should she remarry the custody of the children shall revert to him?

Q: My husband and I had and argument recently. I needed my space called my parents to fetch me. While in my room my husband and father argued. My father hit my husband. He responded by telling my father now you will see what I am going to do. He called out my name and said talak talak talak. I was not present in the lounge but reached the lounge just as it all happened. I myself did not here the words pronounced by him. My father mother and an aunt heard him and all say that he said these words . They all admit that he said these words only to stress the point to my father that this is what he can do. Could you please give a ruling on the matter, and would you be able to explain to me what I recently read in the behishty zewar that If talak given only to stress on a specific point gets counted as one even if said 1 2 or 5 times. maaf for asking if the question is against the teachings of islam but would really like an explanation so that I can understand it. Make dua that we all understand the rulings of our deen and accept them.

This whole indecent happened on a Sunday night. Nobody thought there could be a reason besides the anger etc. for the divorce on the following Friday a cousin got sick and needed an aamil during her treatment at the aamil she mentioned three people that have been affected by jadoo. An uncle who`s mind is affected which is the truth. A cousin who will never be able to have children. Which also is true she is constantly at the doctor and my marriage. I must be left with no husband. Does this affect the divorce in anyway. Do the ulama take this into consideration or is left as is. Can jadoo have an effect on your marriage? Can it break a marriage?

Two weeks before this happened I had a dream that I was sleeping with a another man while my husband was there could you please tell me what it means.

Q: I have no intention to give divorce to my present wife anyhow, InshaAllah. She lives in our native country. We have three children. I love her and love my children. She does not want to leave her country anyhow. So I need to marry further in this western country and I found a Muslim lady for that purpose.  This will be my second marriage. But the law of this western country tells that I am not able to marry further legally but the lady I found she does not want any unregistered marriage.  So if I make an official divorce document in my native country regarding my first marriage - (1) should it affect this marriage; (2) after collecting this divorce document if I fill any immigration paper where I indicate myself as a divorced person should it affect my marriage.