Talaaq

Holding back the mahr after talaaq

Q: I will try to make this as short as possible while putting an effort to relay the situation of my ex-marriage. I married a western European girl who claims to have reverted to Islam. Immediately after marriage, her behaviour started to change. On the 1st day of our marriage she took my laptop and locked herself up in the bathroom, later when she got out of the toilet with my laptop she explained to me that she was searching into my laptop for any evidences that I was talking / flirting with other girls. I told her that what she did was very bad and a form of spying and no woman would do this on her 1st day of her marriage. I thought I will forgive her and give her another chance. Later on, I discovered that she is addicted to some drugs that affects her sleeping pattern and behaviour. One of the drugs she used was sometime called “antidepressant” and another drug and is also very addictive. I was surprised at this as she never told me about her condition and never told me about her drugs issue. She refused to participate in some of the duties of the house, for example driving the car and doing the shopping on her own, this was opposite to my agreement with her before marriage, she claimed that as per Islam, a man is fully responsible to anything outside the house and she does not want to drive and that I have to drive her everywhere she wants to when she does shopping. This clearly made her an extra burden on me as she broke my agreement with her. Moreover, she started asking me to allow her to go out with her “friends”at least two times a week. I honestly did not like the idea that she goes out on a regular bases without me, and on top of this, she used to think that it is her right to go out away from the house with me in order for her to “relax” and “calm down”. I told her many times I am against this idea. I spoke to her psychologist about my ex-wife’s behaviour, and her psychologist confirmed that her condition was normal for a person who undergoes using these types of drugs and that she suffers from some conditions including anxiety. When I asked my ex-wife why did she hide her condition from me, she told me it was her personal problem and she will recover on her own. In the meantime, I felt like I was cheated by her when she did not tell me about this critical and hidden part of her personality. In short, if I knew she had them I would not have married her. After many arguments, one day, when I was out of the house, she insisted on going out of the house with one of her friends. I did not allow her. She told me that “it is not my business” and she can do as she likes. At that point, I realized that I have to put an end to her behaviour or the whole marriage all together. When I reached home, she was still insisting on going out with her friend. At that point I asked her to grab her clothes, and leave the house and go back to her mother’s house. My intention at that time was not to divorce her, but to give her time to think about her behaviour while she is with her mother and away from me. Strangely, she held my arm firmly, she looked me at the eye, and asked me to divorce her. I didn't divorce her immediately, she insisted and repeated that I must divorce her. At that point and based on both her challenge and request, I said divorce to her with the intention to divorce her. My ex-wife got what she wanted, to go out of the house with her friend, only this time her friend took her to the airport to leave for good. There was some money left that I did not pay her from her agreed Mahr. I feel that she cheated me in this marriage by not telling me about her secrets in which if I knew about them, I would have not married her in the 1st place. My question: do I have the right to ask for the Mahr money I paid her before? Do I have the right to ask her to give me back my pre-wedding ring that I gave her before marriage as a wedding gift?

Faskh

Q: Does a wife have grounds for Faskh if her husband does not satisfy her sexually and she found him looking at other women and he does not give her nafaqah?

Husband telling the wife to leave

Q: I am writing to you with the deep hope to solve a problem that is affecting my life. I married a man from Saudi Arabia, a man I really loved with all my heart. Sadly we had problems because basically our views to see marriage life was very different but in spite of that I never thought to divorce from him. We had a silly argument but after that he chose to divorce. He didn't tell me "talaq" directly but he told me clearly he didn't wish to continue his life with me and that night he asked me to prepare my bags and leave. I didn't and I was hoping with days he could change his mind. After three/four days he told me again about his willing to divorce and that it was the best thing because we didn't match and he wished a new life with another woman more similar to his needs. The same night we had another argument and he talked to me again about his wish to divorce. He bought the tickets for the flight and he forced me to prepare my bags. I didn't want to leave, first because I loved him and his kids and also it was night and it was Ramadhaan. So I asked a friend to come and pick me up to go to the airport. I want to be clear saying it has been one of the worst nights of my life. He has been very cruel and unpolite. Before going away I said to him to tell me"talaaq" so we could be divorced, because his intentions were clear, and I didn't want to come back with a no clear situation. Also, I reverted to Islam few months before that and it wasn't very clear for me the talaq matter. After that my ex-husband didn't finish paying my mahr yet because he say that I "asked" the divorce ,also he asked me back the marriage ring. I want to understand if is true he doesn't have to pay my mahr and if he can ask the ring back. The payment of mahr wasn't in case of divorce. He was supposed to pay it soon after marriage but he didn't. I need an honest advice.

Does nikaah break through separation

Q: Is the nikaah over if a husband and a wife are separated for 2 years? One of my Muslim sisters has been married for 3 years. She hated him because when she got pregnant he told her to do abortion just four months after the marriage and he left her until she delivered the baby then he was back to her and after she forgave him they were staying in separate homes while she was taking care of her sick mom. He did zina with another woman and after two months they were back together again. Then he told her about what he did and since then she never consider him as her husband and she asked him for divorce but he never granted her divorce. He said to her since I did this mistake you can do whatever you want and I will be ready to accept you then we will be equal and she hated him even more. After one year she travelled to another country and she liked a guy which she wants to marry but she is confused if her nikaah is over or cancelled since it's been almost two years now that they are not living together and she doesn't want him but he is refusing to give her talaaq.

Divorce is not subject to the wife's consent

Q: My question is my husband put adultery charge on me. My uncle said that your husband put adultery charge on you so i though that you don't want to live with him that's why I gave your husband mutual divorce agreement. But my uncle didn't tel me before divorce. My husband prepared the divorce agreement and didn't even inform me or didn't even take my permission. Is the talaaq valid?

UAE court annulling the nikaah

Q: My wife went to UAE by telling me that she needs to deliver some papers to her relative and within 1 month or 45 days she will return back, but four months passed and she didn't return. So I went to bring her back, she refused to return to India. Now since 2009 October/November till today she is not willing to return India even though we both are Indians and she use to insist on me that we will live in UAE only. But she don't want to understand the difference between local and outsider. In 27 December 2014 she told me she needs divorce because she don't want to go to India and after one day 28 December she used very filthy language to me and even she said if I am the son of my father, then I must hit her. As a result I slapped he once. Suddenly she called the police. I found it was already planned as her mother and sister also live with us. She filed in mahkuma Sharaya, alain. They asked me, I said  I slapped her because she used filthy language and also spit on me and put scratches on my neck. The reports were there with the police, but to my surprise the judge gave her talaq instead of me. I never gave her talaaq. Now what is the state of my married life? Is it correct that a judge can give talaaq in the presence of her husband? Kindly reply me according to Ahaadith and Sunnah.