Talaaq

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.

Q: I am seriously contemplating a divorce as I am no longer interested in the marriage, it has had a major share of issues and I have also been advised to let go. The worst part is that everybody from my family knows my husband to be a liar and although he is an Aalim, the behavior which he has shown to a prominent Aalim is disgusting. The only problem that I have is my 2 kids. I will look after them, but I'm worried about their future. Please advise as its hard for children that have a broken home.

Q: Respected mufti saheb this question is very urgent as the couple are about to engage in this action. Under what conditions is it permissible to engage in Halaala?

Q: What is the rights of a woman with regards to maintenance after divorce while she is breast feeding?

Q: I am actually taking a fiqh course on marriage and divorce but I still don't understand the concepts and I would like to get a second opinion on a question where there is a difference of opinion. If a person uses metaphors of divorce statements with the intention of "wanting to divorce" in the future tense but not to issue a divorce on the spot, are these statements considered in hanafi madhab?  My understanding is that they will not count because divorce was not issued on the spot but I read somewhere that it does. Can I please get a second opinion?

Q: Before a woman gets married, can she request that her husband should give her the right of divorce, and will this be a valid talaaq? What is this usool called?

Q: I have been searching the net and cant find any lectures on when a mother doesnt want to give up her son to the father. I want us all to reach jannah. Are there any details on the bad effects/punishments on this topic. Are there any books or something reliable I can read on this topic. I am disturbed that my exwife and her husband get more time with my son than me. It is disrupting my sleep and salaat, meaning I loose concentration. I am performing 5 times in masjid and yearn to have my son with me. Society is so corrupt and I desire to teach him the value of islam. Is there any evidence against a step father giving the islamic nurturing over his father. Please any advice or words that I can give them. Islam is strong on liniage, and we will be called by our fathers names, it seems as if they are happy for me to provide minimum teaching as I see my son 2 days a week. Please any lectures or books I could read. Any warnings to mothers who dont wish to give up the right of custody. The wieght of the punishment is on me should my son Allah forbid commit grave sins. What can I do? I get angry and saddened and don't want to loose my character. But anger is from shytaan and I am only human. Please give me some advice.

Q: If a husband says to his wife, "You are no longer my wife." does Talaaq take place?

Q: I am divorced. I became unemployed and was unable to provide the total maintenance for my son every month. As a result in a 3 year period I am at least 1yr behind on his fees which was his right on me to provide for him. He is now 6 years old and his mother remarried to a non mahram. I only got to see my son as his mother wishes. Mostly Sundays maybe sat nights and Wednesday. I feel this is not nearly enough time. My son can feed clean and clothe himself. I want him to come and live with me and he wants to come and live with me and he expresses it. His mother says because I owe her for his maintenance fees she is with holding him. She does not want him to come with me and threatened to leave the country with her new husband to stop me from having him. Islamically can she deny my right of custody because I owe her? Does my son have a right to be with me if he wants? I need advice and rulings. I realize this is very technical. I owe her money for my son’s maintenance, mother is remarried. I want to have my son; son wants to be with father. Mother does not want father to have son.

Q: My aunt got divorced on paper. But her husband says he did not intentionally give divorce to her. He divorced her under pressure of his second wife. He says he was not thinking clearly while signing papers. He also said he did say the words by mouth. Did the divorce take place or not?