custody

Husband refusing to give wife her possessions after divorce

Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.

1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.

2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.

a. Am I entitled to this money?

b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.

3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.

Muslim step father preventing a non-believing father from visiting his child

Q: I have married a woman who has one childern (6 year old girl) with a non believer. The childs father wants to visit his daughter and take her for weekends with him. He is taking her with him to pubs where people are non believers, drinking alcohol and smoking cigarettes. Do I have a right as her stepfather not to allow this visiting, etc.? 

Divorce and custody of child if husband is in jail

Q: I need guidance in this situation:

My husband is in jail for murder, and has not been incarcerated yet. It has been one year now and this is a cause of stress and pain to me. We have a child and I am getting no financial support from him nor his family. My child does not know that her father is in jail. I kept my child away from seeing him because I know how hurt my child would be. Due to this matter, am I able to get a divorce?

He is asking me to see his child, does he still have the right to see his child if he is in jail? If a divorce takes place, do I still have to bring my child to see him?

Husband forcing his wife to remove her niqaab

Q: Husband is against niqaab and compells wife to mingle with his family male members. He doesnt want to divorce her but pressuring and humiliating her for changing her to speak to men and fights for the same. Wife is keen on covering herself and wants to know if she can divorce her husband? Will Allah have anger on her if she do so? Their kid is 8 years old, will she get the custody of her kid?

Talaaq ki surat me haqq-e-parwarish

Q: Jb hmari nai nai shadi hoi to sb kuch theak tha.mere husband buhat pyar krtay thay.lekin meri sas or divorsi nand ne un k kaan bharnay shuru kr diye k tum apni bv ko sir per chrha ray ho.ye wo.mere husband ne un ki baton main aa k kitni bar mujh se lrai ki.phir mere husband dubai chlay gay or mujhay meri saas k rehm o krm pr chor gay.wo mujhay mekay b nai jane deti or na mere mekay se koi yahan aata hai.kuch din pehly meri saas ka kaam ki waja se mujh se jhgra hogya.unhon ne mere shohar ko fon kr k buhat ghalt treekay se batain btayeen.halan k meri husband se koi lrai nai hoi thi.mere husband kehtay k is se bachi cheen lo or isko man k ghar bhej do.main ne buhat mintain keen k main ne nai jana.phir in logo ne mujhay chat per separate kr dia.25 din hogay hain aaj is baat ko.mere shohar ne mujh se baat krni bnd ki hoi thi.main call ya msg krti to koi reply nai krtay thay.aaj fon aya to mujhay buhat gandi gandi galiyan deen or mujhay kehtay k tumhara koi yar hai ya man sikhati hai.kain kasm khati hoon k hmare ghar k jhgray ka main ne ami walon se zikar b nai kiya tha.phir kehtay k tumhain hr mahinay kharcha milta rahay ga lekin mera koi taaluk nai hoga.na hi mujhay fon ya msg krna.meri trf se tum aazad ho.agar yahan raho gi to kharcha milay ga.agar kahin gai to nai doon ga.meri char mah ki beti hai.meray husband kehtay k main tum per zindgi tng kr doon ga tum khud mujh se divorce mango gi.main apnay man baap se b baat share nai krti k wo tnsn lain ga.phir b ilzaam lgaya jata hai k wo tumhain patyan parhatay hain.mujhy shdeed zehni tnsn hoti hai.kbi dil krta hai k suside kr loon.phir beti ka khyal aa jata hai.agar main yahan se jati hoon to ye log mujh se beti cheen lain gay.main apni beti nai chor sakti.or yahan rehna b buhat mushkil hai jb husband b meray khilaf hai.plzzzz aap meri rehnumai krain k mujhay kya krna chahiye.or shrae or kanoni lehaz se beti kis ko milay gi.

Husband having an affair with his wife's niece

Q: My husband, 36, has been having an affair with my niece, 20, for the past few years. Everytime I confronted him he denied it and twists it around like I'm crazy and insecure. However yesterday I caught them redhanded in each others arms kissing, etc. What is the position of my nikah with him? We have 2 sons aged 16 & 14 and a daughter 11. My concern is custody of my children, should I choose to divorce. Please advice me of the way forward.