Talaaq

Q: With regards to matter in reference we request your expert advice. Sister Aliya approached our offices on 24 June 2011 with her marital problem. She is married to her husband Malcolm Naidoo for five almost 5 years after he reverted to Islam. Since she married him she has numerous complaints about him not maintaining her or fulfilling her marital rights. The relationship has broken down and they are separated. She claims he is not a practising Muslim, cannot read the kalimah and does not perform Jumuah salaah. She is requesting her Talaaq.

We invited him to our offices the same day and he agreed to come but did not turn up for the appointment. Upon calling him he advised that he is not prepared to accede to her request as  he does not want to shoulder the burden of doing wrong  by divorcing. He maintains he is a Muslim although when questioned about salaah and other basics he was ignorant.

The sister has advised that on several occasions when in conversation with her husband requesting him for a divorce he told her “you are free” and “do what you want”. One such occasion was on Friday 24/6/2011 at our offices. She has submitted a document under oath confirming this. He is not prepared to come to our offices to take an oath to deny the wife’s claim. Please advise on the status of the Nikah.

Q: My husband sent talaaqnama. I want to know that did the talaaq take place or not? In talaaqnama he wrote talaakh insteadd of writing talaaq.

Q: Does the marriage nullify if the spouse says to someone, he/she is not married?

Q: I want to ask about the validity of rulings by Islamic Court of America (Walnut, California). An orphaned sister who was abused by her step mother was married to an abusive husband who could not hold a job. Therefore the sister became the primary bread winner for the family. The husband continued to be abusive and is said to have had illegitimate relationships with other women. The husband married the maid of another family and brought her home as his wife to live in the same modest accommodation. The sister (first wife) continued to be the bread winner for the now extended family, whilst the husband continued to be abusive now with both his wives. The sister (first wife) was very concerned about the safety of her son as the husband would severely beat the little child and as such the sister fearing her and her child's safety left the husband to go to US telling him that she could earn more money there. However, once she was in US with her son, she asked for a divorce. More than ten years have passed the husband denies giving khulla, whilst an American court has issued divorce and the Islamic Court of America (Walnut California) has issued Khulla declaration based on permission from the sister's father and uncle who were witnesses to the marriage, and the American court divorce. The husband refused to talk to the court or anyone else regarding the matter and clearly says that he will not give her khulla ever, no matter what, and he expects her to return to him and continue living together as they were before, whilst he is not capabale of affording to pay for most of the basic needs of the family. Two years later, the sister is now looking to remarry but some around her are raising questions on the validity of her Khulla. Can she marry again? Is this Khulla valid?

Q: My wife wants a percentage of my house in case of divorce. Do I have to do it, if not how can I tell her nicely no?

Q: If one says I divorce my wife when I get married to her. Will they get divorced? If this is said in ones mind or where no human heard it, will it take effect?

Q: My wife habitually tells me you must be doing something wrong, when I follow instructions and they do not work.  Today I lost my temper and said to her as follows:

1. Don't insult me ok
2. You talk to me like I am thick
3. It gets bloody annoying
4. You do it all the time, talk to me like I am idiot
5. I can read, I am not thick.  You talk to me like I am thick
6. I know how to follow bloody instructions.
7. I am fed up of you

The intention of divorce was in my mind at the time as I was so angry. Would this constitute divorce? At this moment in time, whilst typing this, I am still so angry that I am thinking I don't care if it constitutes divorce. I want it to constitute divorce. I may have made other statements alluding to divorce but can't recall what they are. They would have been similar to the aforementioned statements. Should I find out from my wife what I said?

Q: Zaid told his friends that he has divorced his wife you can go and marry her. Has The divorce taken place or not?

Q: If a man has an intention of divorcing his wife but does not say anything aloud (he said talaaq in his mind), is the nikkah still valid?

Q: Does a remarried divorcee have a right over her children from the previous marriage a lady got her marriage dissolved and her boys were left with her former husband (who is their father) and later she remarried. Now she wants her boys back, and says the shariah supports her on this – but the husbands claims that she waived her custodial rights by remarrying -- and that the boys will suffer under their step father.