Tafweez of Talaaq

Handing over the right of talaaq to the wife

7 years ago By user2

Q: My wife and I have been going through some problems and we have been arguing for a over a year and I was fed up so I gave her the right of divorce (tafweedh), the other day we were arguing and she had just come of the phone with her ex husband, the father of her daughter whom she had also had an argument with. I said to her that she was upset after arguing with him and she was taking it out on me. She said "We always become one afterwards" in urdu and I repeated to her that thats fine you become one with him, you become one and then she said yes we will, sarcastically. I was upset and I repeated it that you become one and then she uttered the words I divorce you, I divorce you, I divorce you in urdu 3 times... Now I dont know where we stand and neither does she. Really, deep down she doesnt want the divorce and to be honest neither did I. Please help us and give us guidance on this matter.

Appoint someone to issue the talaaq

8 years ago By admin

Q: I have question regarding Divorce in Islam while living in USA. I separated from my wife due to some domestic issues that took place between us 10 months ago. While separated I decided to divorce my wife due to the gravity of issues. As I don’t wanted to utter the word Talaq I hired an attorney to do the job for me in compliance with US Law; we both waited for the legal period of time for talaq to be granted by judge. On day 7/19/2016 judge granted us divorce with the statement of right of Information for us that I am copy pasting for you to read (in Red). “ Within the thirty days following the date the divorce is granted (7/19) the court can vacate the divorce and restore judicial proceedings which will have the effect of reinstating the marriage as though it never happened. If reconciliation is going to occur then both parties would move to dismiss their individual claims (nonsuit their claims) and the divorce proceedings end. Getting that done requires both parties to agree to both parts of that process. If both parties do not agree to ask the court to vacate the divorce then the judge is unlikely to do so without a clear legal reason why the divorce is defective. That's unlikely when both parties agreed to the divorce decree. If your wife agrees to vacate but does not agree to nonsuit her claims then she can still move forward with the divorce on her own even if you do not want it. Or vice versa". Knowing that Islam too gives the 30 days period to reconcile (or Rujou) from date of first divorce, my wife raised a question, thinking that whether those US court procedures are in accordance with our Islamic law. Please provide us an answer under the Islamic law which clear the confusion weather our marriage is valid anymore, as we have reconcile (or Rooju) with in the time frame (30 days) granted by Islam as well as by US law. In civil divorce, there is just 1 final divorce equals to 3. Do you think we can reconcile Islamically or divorce has been done?

Handing over the right to issue divorce to the wife

10 years ago By admin

Q: During a heated argument with my wife if I told her she has the option of staying with me or to leave me (divorce me) and she said "Ok I will leave or Ok I want separation" but at the same time I told her "I will not divorce you" due to hardship reasons. Then is this the same thing as giving her the authority to divorce herself as I was giving her a choice?

She is not happy, so I insisted she talk to her parents about sending her a plane ticket back home but I told her "I will not divorce you", so does this count as a divorce on her part, as I did not intend to divorce her but rather give her the option to seek divorce?

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