divorce

Uttering the word divorce without addressing the wife

Q: If a man utters the word "divorce" not for the purpose of his wife's divorce neither was he addressing her at a time when it was uttered. However when it was uttered a thought of his wife came in his mind. Will it constitute divorce ? It was uttered without any purpose. He was not addressing his wife. He had no intention of referring it to his wife. However when it was uttered a thought of his wife occurred in his mind in a flash and disappeared. Now he is worried.

Court issuing a divorce without the consent of the husband

Q: My wife was divorced from her ex Husband. When she filed the divorce in America, her ex husband left for Pakistan and he never showed up in the court or Islamically gave her divorce or signed any paper. But the court in America awarded her the divorce and then she got married to me. In Islam did her previous divorce happen. Because after 2 years from the court order she got married to me. So I need to know if our nikah was valid?

Husband refusing to give wife her possessions after divorce

Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.

1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.

2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.

a. Am I entitled to this money?

b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.

3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.

Taking back gifts after a divorce

Q: My husband has issued me with 2 talaaqs. I am currently at my parents house in iddat, as we have not reconciled. My husband is demanding that I return all the gold to him (some were given as mahr and this is documented on the marriage certificate, some was gifted to me by my husband during the duration of our marriage and some he has gifted to my daughter). I have paid zakaah on this gold over the years. Who is the rightful owner of the gold?

Allegation made by the Shia

Q: I read somewhere that the Holy Prophet (sallallahu alaihi wasallam) threatened his wives to divorce and Hazrat Aisha (RA) is threatened many times with divorce in Quran. By threaten, I mean in a very severe manner. Is this true? Or is it a malicious allegation by Shia?

Biwi ke zina karne ke ba'd saat rehna?

Q: Mera ek dost he, uska nikah 8 sal pehle hua tha, nikah k 5 sal bad uske badhi mannnato se ladhka peda hua, bchcha 1.5 sal ka ho gaya or uski maa, mere dost ki biwi ko ashiqi ka bhukhar chadha, wah uske walid ke ghar aksar milne jaya karta thi, or kuch din rukti bhi thi., uske walid ke ghar rehkr usne kisi ger mehram se talukat kayam kiye or hamila bhi ho gyi, bad iske jab uska shohar usse lene gya to unke samne us ger mehram ke sath bhag gyi, or 24 gante bad bhagte huye pakdhaye, pakdhane ke baad uske walid us ladhki ko uske gar le gye, mere dost ne talaq ki ichchha jahir ki par rishtedaro ne chalne nhi diya (us bhagne k mamle ko ranjish bata kr niptaya gaya) or use us waqt is haram kari ke bare me nhi bataya gya, mere dost ne uske bachchhe ki khatir us ladhki ko maaf kr diya, jab mere dost ki biwi uske ghar aayi to 15 din achchhe se rehne ke baad usne natak chalu kr diye, or uske shohar ko sari bate quran sharif par hath rakh kr sab bata diya, uske shohar ko sab pata chal gya, or wah us ladhki ke sath nhi rehna chahata, or ladhki bhi nhi rehna chahti, ab masla ye he ki us masoom ka kya hoga, uska baap use rakhna chahta he, or uski maa dena nhi chahti, baap ko pata he agr ladhki bachcha le gyi to us ladhke ki zindgi tabah ho jayegi... ab bataye kya aesi aurat ko nikah me rakhna sahi hoga wo bhi bachchhe ke liye, ya talaq de diya jaye? agr mera dost sabr karta he to use kya azar milega,? aur agr aesi biwi ka katal kar de to gunah hoga???

Divorced couple keeping each other informed via sms regarding the needs of their child

Q: Husband has issued one talaaq and wife is observing iddat. What is the ruling regarding informing each other about the child getting sick, needing to be taken to the doctor, etc. as these are matters that will be ongoing for life? Completely understood that they become complete strangers and no communication allowed, is it allowed to send an sms to prove the money was deposited into account, the child needed to go for tests, etc. to keep the parents informed about the child.

Parents forcing one to divorce one's wife

Q: I am a male 36 years old. I was first married to my cousin 9 years ago and currently having 2 kids with her, 8 and 6 years old. Few months back I got married to a girl. This girl is from my family and is an illegitimate girl. I didn't know about her past and what zina her parents did. Her parents got married afterwards giving birth to her in 5 months after wedding. I have no issues as I believe that she is innocent and all fault goes to her parents. My parents do not agree to this marriage and are forcing me to leave her and the sole reason they are giving is because she is illegitimate. They are forcing me to a level saying to either leave her (divorce her) or leave them or they will kill themselves. I am in deep issues as I don't want to leave her in the middle of nowhere. I can fulfil rights of both the ladies as well as my kids and have offered them to keep any guarantees whatsoever.