Talaaq

Q: Am I correct in understanding that Fasakh as understood by the Ahlus Sunnah wal Jamah is based on the ijma practice of the Sahaba (Radiyallahu Anhu)? Mufti I am very staunch that we follow orthodox Fiqh and I am not seeking to cause problems, instead I am trying to defend particularly the Shafi mazhab against people who argue that they can make ijtihad and grant a fasakh as equal to a Talaq (i.e. without any conditions at all).

And as much as all sunni Ulama reject this assertion of theirs I would like to understand what the Sunni view is based on, please.  

Q: My husband gave me one talaaq. Before I could complete my iddat he had sexual intercourse with me against my will. Is our marriage still reconciled even though it happened against my will?

Q: One of my colleague got married last year. But his wife initially was not sent to his house with both side family consent. As they were waiting for a grand party to be done from both side. Nikah was done very simply. But before that his wife came to stay with him for some time due to some urgent work in the city. They were staying like husband and wife. However my friend did not tell me whether they had husband and wife relationship. After staying with the husband for 4 weeks approximately the girl went back to her father's house and started telling her father that she has lot of problems with her husband and wants to study higher but till the completion of her studies she will not have any husband wife relationship. After 2-3 months of conversations, girl's father on behalf of girl sent a legal notice of divorce. In which it was mentioned that if my friend does not reply for this notice within 3 months divorce will be done automatically. Is this divorce right according to Shari'ah when the boy didn't say 3 times talaaq however he was ready to be separated?

Q: What is the procedure of doing faskh to annul the nikah?

Q: A husband and wife were having a bad fight, she was packing her bags to leave him, he was happy to let her go and he said to her "go, you are free till qiyamah". Does this mean she is divorced from him?

Q: Please advise if this statement constitutes a talaaq? This email was sent to me by my husband.

“I am just contemplating whether to give all three talaaqs at once and get done or do it in stages but the point is the same I think all three and its done and dusted”

Q: I would like to find out whether, after a divorce, the father is responsible for maintaining children that are living with their mother until they become baaligh. If so, is the father fully responsible or does it have to be shared equally with the mother.

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: 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

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.