Talaaq

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? 

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: The more I saw him act like that and hurt me the more my sihr took over and I remember repeatedly getting thoughts to hurt him more, something in my mind saying now is your chance to push him so hard that he will regret it. This came into my mind over and over and I got nastier and nastier I could not control myself either, this time I could not even stop, then all I remember was him coming up to my face saying 'if this is what you want then here take it, divorce, divorce, divorce. You asked and pushed for it now there you have it' I still went on not thinking clearly now more angry than ever, I provoked him more saying you going to regret this again and come crying to me tomorrow put it in writing you coward and he did, saying 'I divorce Fathima because of her family' I realized now that he was in such a state that if I put a gun in his hand as well and told him to shoot himself, he would have which he confirmed. That's how lost he was. I really believe without a doubt that he would and that’s the scariest thought! Even though damage is done to some extent I could not lose him forever. I love him for the pleasure of Allah and he is everything I ever wanted, I just wish this would stop! I then still went on and he still went on I knew he had lost it this time, lost his mind as he did not know the nonsense he was uttering. He then broke the dishes by slamming it to the ground, pieces flying all over and stormed up and down punching the wall and going mad. I kept wondering who is this guy he is insane! I told him you're a lunatic and he said yes that's who you've made me. After a while it hit me when I was normal again, I started to cry and then my whole world came crashing down. I did not know what overtook me.

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!

Q: A revert is asked by his wife for a divorce, which he refuses. She applies for a court interdict after they have a fight and his Muslim lawyer advises him to agree to the divorce in exchange for the wife not asking for the interdict. He reluctantly agrees but still doesn't give talaaq. A few weeks later his lawyer says that the wife is waiting for the talaaq and he must give it. He writes "I hereby give you a divorce" and the lawyer adds "in this regard I give you 3 talaaq." He signs it and the lawyer emails it to the wife. What is the validity of this divorce and is it 3 or 1? The husband says he has never wanted the divorce and it was never his intention to give 3 as he did not understand what this meant.  

Q: If someone sends a talaaq with somebody. He sends a photocopy saying I give talaaq 1,2,3. No Signature on the paper. Now he says he didn't write it. Must she begin her iddat, or is it not valid?

Q: I am in a dilemma. My parents used to have problems. In 2009 my mums dad passed away so my mum went for the burial and thereafter decided to stay at her own mums house. Since then she hasn't met my dad. She wanted a divorce which my dad isn't ready to give, so she applied for khula. Our community is helping in this but they are very slow. She works at her dad's shop, so another man has liked her. Because our community is very slow, this man went to the qadhi and made him sign the divorce papers and the qadhi even performed their nikah but my dad doesn't know about this and there was no wali at the time of nikah. Both my mum and that man sit and talk. Please explain if this is halaal or not? 

Q: My husband gave me three talaaqs. He did not tell me he divorces me, however his brother gave me a paper saying divorce between so and so.(Husband and wifes name) 

1. talaaq
2. talaaq
3. talaaq

My husband and I had a intercourse a week later. Is our talaaq valid as we did this during our waiting period. My husband also says that he was angry and his brother convinced him to do talaaq he did not want to and now wants me back. We have two small kids together and it wasnt his intention or he did not want to part from us. Please advise if our talaaq was valid?

Q: I divorced my wife for the second time. What should I do?

Q:  What happens in a case where Talaaq is given in writing and only one witness from the husband side signs it while a witness from the wife's side refuses to sign?