Disabled person sending a proposal

Q: I am computer science graduate and working in a multinational in my homeland. Throughout my life I have struggled hard to get my achievements because I am a disabled person. My left limb is artificial but Alhamdulillah I have always overcomed my disability in my life. Now I am in a very good position to support myself as well as my family. After my disability I have moved and studied with others and I also do the same jobs like other normal people. My personal analysis is that I can do Nikah which is declared a part of faith in Islam. My parents are also emphasizing upon me to marry now at the age of 29 years. I love my religion and try to follow all sunnahs Alhamdulillah. The questions I like to know is that   I know a lady not in my family but relative to my elder brother's wife whose husband died in an air crash in Pakistan. This widow lady is the mother of two and also taking care of her husbands mentally disabled sister. I have intention to marry this lady as I have met her late husband once in life and due to the character Islamic personality of her late husband I wish and  feel  to provide the love & care  to her and her children in an Islamic manner. My wishes and intentions are all within the limits of my religion but my disability is the obstacle in my  powerful ambitions. I have to take this important decision in my life so everything I wish to do is according to the will of Allah. I have few questions to ask you.

Fask of nikaah

Q: please help my Islamic understanding of this, I have been married for 9 years when my wife informed me on the Sunday evening that she has decided to return to her mothers house and the marriage was over. I told her she should stay home or could go to her parents (temporarily) but to please attempt to reconcile the marriage. After she left the next day she and her family refused any attempt at reconciliation (except for three sessions with a psychologist where again she simply stated the marriage is finished and there was nothing to discuss)  

I would like clarity on FASAKH or annulment granted by Imam Wahab of the Majlisushura Al Islami and request  Islamic guidance regarding custody of my three year old son

The fasakh was given on the 03 May 2008, on the basis of the ‘emotional state’ of my wife

Divorcing in court because one was married in community of property

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.

Iddat period after divorce

Q: I have been divorced for 7 years. The talaq was issued by my then husband in writing but it was at my request. I was married for 10 years and we have a daughter. In the time of my marriage he never supported me financially nor spent time with us as he was married and I accepted that he give his first wife more time. After few years into our marriage, his first wife asked for talaq. He was with me for 6 months when I discovered some indiscretions and he said he was involved with another woman. I urged him to get married and that I would accept it 100% but he needed to be fair from the start so that she could understand as she reverted before they married. He continued to not spend time with us at all and never provided financially. His new wife according to him was insisting that he had to choose as she cannot accept him remaining married to me. He chose her but only gave me the Talaq upon my request. I have it in writing.  Thereafter we had meetings with both sets of parents who were made aware that I was observing my iddah period. They could not influence the decision and respected and accepted it. I informed my then husband the date after every menstrual cycle until my third clean period. after which I ended my iddah period.

I want to remarry Insha Allah and want assurance that the correct procedure was followed.

Child born before six months from the time of nikaah

Q: Please could you answer the following question I need the info to settle a dispute. I was taught that when a person gets pregnant out of wedlock and gets married to the person the child is still considered illegitimate if born fewer than 6 months after the marriage. My sister-in-law says that if the mother has 7 children altogether that it will then make the first born halal. Could this possibly be true? I battle to grasp the logic. Please help.

Giving Zakaat before its due time

Q: I told the brothers they can pay zakah earlier then the time it is due. Example Ramadaan is in a week so give it now to benefit the poor. The people said it makes no sense. They said, then why can I not fast a month earlier. Why can I not pray salaah a day before. Is it that we can give zakaah earlier because it is to benefit the poor? Can you please help me answer this brother.

Inheritance

Q: My maternal grandfather owned a house. After his death, he had four heirs; wife, 2 daughters and 1 son. Property was not distributed among them due to the stubbornness of elder daughter (as she doesn’t want to sell house due to personal matters). Lately, his wife (grandmother), son and younger daughter also died.

  1. How this property will be distributed among the following heirs?
  2. Elder daughter : Has no children.
  3. Deceased Son : Left 3 sons and 3 daughters
  4. Deceased Younger daughter: Left 3 daughters, 1 son and husband

Divorce in the High court

Q: A husband issues a summons filing for divorce in the High court (the couple are married Islamically and in accordance with SA law) - in the summons he states:

"Wherefore the plaintiff claims: 1. A decree of divorce"

Would this constitute a proclamation of divorce in Shariah? The husband does have the intention to divorce his wife and has mentioned several times that he will divorce her. He has not pronounced the words Talaaq or divorce directly to her. Would the above mentioned works "a decree of divorce" be sufficient to annul the marriage? 

Husband saying "Go and stay with your parents forever"

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.