Q: A husband and wife have been having numerous arguments. During the course of these arguments, the husband has, on many occasions, told the wife “ if you want to leave, pack your things and go”. Does this nullify the nikah?
Q: I relapsed into drugs after years this past weekend, my wife which is 3 months pregnent with our second child and I had an argument about it, I was very angry at the time I said talaq 3 times at once over bbm while not in the right frame of mind. Is it still valid? We are both in deep regret I do not know where to turn. I did make a mistake taking the substance over the weekend and have already booked for a rehab. Due to the facts sent by msg, thrice at once, wife being pregnent, being under the influence these factors could perhaps make it null and void.
I have had a response to the above stating it is valid.
I have forgotten to mention that my wife and I were separated previously and that I gave a single talaq straight after we had separated. We had only decided to reconcile after 10 months. I am unsure on this, did this mean we had to make nikah again if we got together after 10 months? Does this mean the few months we spent together was haraam and is the triple talaaq I gave void since we we're actualy not married again?
Q: If a man has issued a 3rd talaaq to his wife, not knowing she was on her monthly menses (period) at the time, is the talaaq valid? Both are following the Hanafi madhab.
Q: Does tearing marriage photos count as a divorce? For example, if a husband tears up a marriage photo after a dispute with his wife in the past but does not remember why the photo was ripped in the first place, does this lead to anything?
Q: In a case of divorce what does the Sharia say about paternal grandparents right on the female baby. I am aware that they have rights to visit the child. But my question is do they have rights to come and pick up the baby and take the baby to their home?
Q: I have given my wife one talaaq thereafter we reconciled the marriage. After a week we had an arguement, she requested that should I issue her second and third talaaq, she will accept it in front of a witness. I issued it not in front of any witnesses. Is it valid or not?
Q: What does sharia say concerning custody of 9 month old baby girl in divorce. Also do the paternal grandparents have rights on the child?
Q: My question is about lian, or accusing wife of adultery. If the husband accepts the child during the first week after the baby is born but then later on says "that baby is not mine", is lian still carried out or is it dropped because it was accepted right after delivery and not rejected?
Q: I got married 9 months ago, after my marriage within 4 weeks my my mother inlaw and sister inlaws started behaving bad with me, my mother inlaw would try to make misunderstandings with my husband but at that time my husband was nice to me but we used to have a lot off fights. I was so fed up with my mother in-law. I told my mother to send me a ticket, although I asked my husband and my in-laws they said I could go. After 3 months of my wedding I came back to Canada. My husband lives in Spain. The day I came to Canada I was wearing jewellery that my mother gave me. My mother in law took that from me. She said I will lose it. They didn't give me any money even the ticket my parents sent for me when my dad found out that i didn't have money plus gold. He called them and asked them why my mother in law lied to him and said I gave it to her and so on.
Before my wedding my dad told them they have to this and that... They promised but refused after. I was pregnant I told my husband my in-laws didn't call even when they found out I was pregnant. I asked my husband to send me money but he didn't. He said its not his responsibility he gave me talaq 2 times i am sure but 3rd time he used this (if that so I will give you talaaq now). He blames me that I have physical relations with someone else. He says he don't trust me and I love someone elde. The thing is I never even thought about anyone else beside my husband. I always loved him and I still do but I can't live with such a person who thinks about me like that. I am having my child in July and he wants the child too. But I would never give my child away. Now I want to know if I am divorced? What should i do?
Q: Kindly study the following scenario and advise whether the wife’s claims constitute valid grounds for Faskh or not.
The wife claims that during her fourteen years of marriage her sexual needs have not been fulfilled. She argues that despite engaging in intercourse with her husband, he leaves her unsatisfied having fully exercised his sexual right. The husband does not suffer from any ailments, but does not attend to her satisfaction after ejaculation. The husband feels that he is fulfilling her right by merely engaging in intercourse with her and that he is not obliged to fully satisfy her. She has made numerous attempts to resolve the issue, but to no avail. She claims that her sexual rights have not been fulfilled, and now fears committing Zina or engaging in other lewd acts. The husband’s behaviour has led to extreme levels of frustration due to which she suffers emotionally and due to which the marriage has broken down.
A senior Alim of our department was previously involved in the resolution of a similar case. In this instance, the wife, who is a Hafizah and observes full Hijaab confessed to committing Zinaa on more than one occasion due to a similar problem faced by the woman in scenario number one.
We are aware that according to the common laws of Faskh such a claim does not constitute valid grounds for the annulment of Nikah since the husband does not suffer from impotency or other sexual health related diseases. However, in view of the severe repercussions that may arise from the husband’s behaviour and considering the appalling state of our communities, can such a claim, if genuine and proven be considered as valid grounds for Faskh?
Your esteemed response will be very much appreciated.