Maintenance

Divorce and custody of child if husband is in jail

Q: I need guidance in this situation:

My husband is in jail for murder, and has not been incarcerated yet. It has been one year now and this is a cause of stress and pain to me. We have a child and I am getting no financial support from him nor his family. My child does not know that her father is in jail. I kept my child away from seeing him because I know how hurt my child would be. Due to this matter, am I able to get a divorce?

He is asking me to see his child, does he still have the right to see his child if he is in jail? If a divorce takes place, do I still have to bring my child to see him?

Claiming 50% of the spouses wealth after divorce

Q: I live in Canada, I need some information about divorce in Islam. In Canadian law if a couple goes for divorce, every thing is divided into 50% plus spousal support and child support. My wife is the house maker, I make money and I even made some money before I got married. Can my wife claim 50% of my assets in Islamic law or can I claim 50% of her assets. How should the money be divided in Islam after divorce, please also explain about child support and spousal support.

We are married almost 11 years but we did not have peace in our married life. What is the extortion point where I should decide to leave. Can you guide us when we can take this decision?

Maintenance of children after divorce

Q: If a woman who is divorced has two daughters; 21 and 18 years. The mother is a teacher and working, thus earning and seeing to the needs of the family. The father has no contact and does not support his daughters.

1) Who's responsibility is it to see to the needs of the two daughters?

2) In the event of the father passing on, who is next in category to sustain the daughters?

3) Can zakaat be given to them to sustain their needs currently?

4) Is it the responsibility of the mother to sustain the daughters, albeit the two daughters have already passed the age of maturity?

5) What/When will the two daughters be eligible to be aided with zakaat for their needs?

Contributing towards the maintenance of one's child after talaaq

Q: I married a person knowing all his situations and all. He has already given divocre to a lady who was his cousin, then he married me and that lady married someone else and my husband had a son from her! Now the issue is that the lady (ex-wife) of my husband took divorce from her second husband as well and back to her parents house living with her son. My husband now suggested her parents that not to marry her again because he'll fulfill all her and their child's requirements and will provide her with shelter and money to spend her life. I want to know what Allah and his Rasool sallalahu alayhe wasslam say about a non-mehram man taking responsibility of a woman?

Supporting one's ex-wife

Q: As far as I know, one cannot live with ones x-wife in the same home and support her if she is an orphan and does not have brothers to take care of her? Even if you sleep in separate bedrooms and have no physical relations. Is there supporting Ayats and hadith that one may use if one wants to convince someone that this is not permissible?