Talaaq

Q: My question is that one of my friends had a fight with his friend and in anger he said to him that `if I ever talk to you, my coming wife will have a (kullama) divorce.' While saying this no women was in his mind, I mean whosoever he will marry she will have a kullama divorce. Now he wants to talk to that person again and wants to get married also. What is the solution?  

Q: If a couple are married "in community of property" and wish to divorce only for the sake of rectifying this situation that's not compliant with Shariah - how can they achieve this without annulling the Shari marriage? Many people are caught up in this predicament and want to correct the situation but don't want their Islamic marriage to be dissolved.

Q: We have a situation where the father of the girl, is a Mufti. The father wanted the husband to sign a contract stating that he will guarantee that the wife/daughter will be brought back to her home/home-town on demand any time or at least once in every six months. The husband says that this new demand for a contract has no Shari basis as they have been in Nikah for a few years, and the contract of Nikah is sufficient.

Three days later, the father issues this written ruling/fatwa stating the nikah needs to be re-made. The additional contractual stipulations can then be placed as pre-conditions of the new Nikah. Now I am being accused of 'doctoring ' the question for my preferred answer. Every Mufti consulted so far has agreed, that for Talaaq Baain, the husbands intention is the main deciding factor. Considering that the husband states that he never had any intention of Talaaq whatsoever, please give the Shari ruling on the validity of both the fatwa copied here below, as well as the validity of the Nikah. Additionally, the husband also rejects that it was a majlis of matrimonial discord, instead, he says that his wife’s sister, who is married to an Arab man was badgering him, so he responded to her whilst in the presence of his wife and her mother. He does agree that he said in anger and in response to the wife’s sisters comments, "If thats the case , i'll take my daughter Mahdiyya and go, and you can find an Arab man to get married to and stay with your parents forever'

Afzal says the context of the statement was on Tuesday night when he found Aamina and Maryam speaking, Maryam said Aamina advised her that Arab men are far better, so Afzal responded, there was no intention of talaq. It was a statement made in anger for what Aamina and Maryam were saying about Arab men being better to marry. He had absolutely no intention of talaq. After this whole conversation on Tuesday night, Maryam and Afzal slept together in the same bed that night.

1. Please, we request a urgent response based on the written fatwa.
2. We request a Shari Ruling on the validity of the fatwa, considering the husband states that no intention of Talaaq existed.
3. We request a Shari ruling on the validity of the Nikah.
4. We Request a Shari ruling on the wife listening to her mothers demands to disobey the husband and prohibiting her from returning to her marital home, which was the actual catalyst of the entire problem.
5. We request a Shari ruling on the wife remaining in her parents home against the wishes of her husband.

Q: I am a recently widowed woman, who has met a man who is divorced. He has not been living with his wife for the last 3 years. He does not see either his daughters nor his wife accept on Eid. He has told me that he is divorced legally. I have checked with the home affairs and it is true. He told me that he had given her 1 talaaq and waited for her to come back home but she had not returned since that day 3 years ago. Islamically is his nikaah still binding with her? Can she still come back to him and their nikaah will still be valid? Why does he not want to make a commitment with me, has something to do with his nikaah!