talaaq

Court ka talaaq

Q: Mera ek rishtedar hai. Uska nikah aj sy 7 sal pehly ek larki sy hwa lekn rukhsati nahi hoi us waqt us larky ki umer 18 saal the ab 2,3 saal sy masla chal raha hai wo larki js k sth nikah howa hai wo razi nahi hai aur us ky maa baap bhe rishta deny sy inkar kr rhy hain ab wo larka talaq nahi deta to court sy unh0n nain talaq ly li aur nikah karwa lya ab us larki ki rukhsati kisi aur larky ky sath hogi. Ab gunah kis ko hoga aur dowsri shadi jaiz hai ya nahi aur unki dawat walima main jana kesa rhy ga gunah to nahen mily ga?

Zihaar

Q: Mere shaadi ku saat years hogaye hai. Mera aik beta hai che years ka. Shadi ke start mai mera husband mery sath acha tha phir baad mai os ka behaviour change hony laga mery sath. Mera husband boht bad charactered tha, os ke boht se girls ke sath relations thi. Inhi batho ke waja se hamary larai jagray hoty rahy aur baat court tak pohnch gai. Court mai faisla huwa ke mai dobara husband ke ghar chali jao. Mai dobara waha chali gaye phir jagra howa. Phir kuch arsa baad mai apne husband ke ghar gaye mery husband ne mujhy kaha ke tum chaho tou mery sath reh sakti ho mery ghar lekin wife ke jo huqoq hai wo mai tm ko nahi dunga, mai wapas aye apne maa baap ke ghar aur waha pe do saal guzary es doran mery husband ne mera pocha na mery bety ka. Court ne mjhy aik bar phir husband ke ghar jany ka kaha mai chali gaye. Phir husband ne bataya ke tum ko biwi wali huquq nahi mely ge tum sirf mery naam ke wife ho, os ne apni maa ke qasam kaye ke mai tmhary qareeb zindage bhar nahi aonga, iss baat ko 6 months hogaye hai. Mere friend ne mujhy kaha ke es baat se mere talaq hogaye hai. baraye mehrubani mere rehnumai kejiye k mere talaq hui hai ke nahi.

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?

Talaaq during iddat

Q: My husband gave me divorce on 13 June 2016. It was a talaq-e-bain. Again on 18 august 2016 in anger he gave me oral divorce on the phone saying in the presence of Allah I am giving you talaaq 3 times. My question is whether this talaq is considered as my final talaq or can we both revoke our nikaah? Is it halaal or not?

Suspended talaaq

Q: My question is regarding divorce. My daughter wants to get married to her cousin but my husband is completely against it. Last year he said in anger that if they do nikaah, our nikaah will be broken. Now he has realised he should not have said that and has said that that statement does not count anymore. If my daughter gets married to this boy will our nikah still be broken or is there a way out?

Appoint someone to issue the talaaq

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?

Uttering the word talaaq while sleeping

Q:

1. If one is in half asleep and somehow realizes what he is doing but can not really think straight because he is half asleep and utters "talaaq" while the wife is somehow in the mind, does this count? The person could not really think about what he is doing or saying.

2. If someone mistakenly utters this word while just doing something and somehow thinking about the wife but there was no intention, but like a slip of the tongue, does this count?

Issuing talaaq while under the influence of drugs

Q: My husband has been on drugs for 2 years. During this time I had left our marital home and returned four times. The fourth time which is currently I have been away for more than a year. He has been abusive towards me, physically, verbally and emotionally. I'm may 2013 I was granted a fasag by a certain sheik, but then I was told it was not valid. I returned home to my husband. Five months later I left again due to his drug use and abuse. Even during our separation he was abusive he came to my work and caused scenes and damaged work property. I then went to a moulana in grassy park and he went to my husband and he granted me a talaq my Iddah was to end on the 15 december 2015. During this time my husband denied the fact that he was on drugs. He started working again picked himself up and I believed he was clean. During this time I broke my Iddah. He was then abusive towards me and then I suspected he is still using drugs, still had no proof and was not sure because he looked decent was working and had a car. But because of the abusive behaviour I still refused to return to our home. I also refused to live with my in laws. We were looking for a place to stay on our own and this also made me believe his clean because if he is using drugs he would not be able to afford a place of our own, but as time passed he said he can't afford it any longer. He then gave my mother a written talaq to give to me as he was angry because I refused to return home. I did not take this serious as he was angry and I suspected he was using drugs. But thereafter again he said we will look for a place of our own. Again I was week and shared his bed with him. And upon waking up the next day I found the drugs in his pocket doing the washing. I left immediately. As I made it clear if there is drugs in his life my son and I will not be part of his life. Then the 2nd January 2016 he called me and gave me another talaq based on the fact that I don't want to return home. He also sent me text messages to back up what he said to me. He also sent me a text message to say he did it properly and I responded that I accept and that my Iddah will complete within three months and 10 days on the 12april. We agreed upon this. We had no contact thereafter. Only on 2 occasions. His family never believed me when I informed them he was using drugs so they thinking I just left because I did not want him. But since all of this his back at home living with his mother as he was living with a friend. and by the 27 of January 2016 he was admitted to rehab. I told his mother I'm under Iddah but she says it's null and void due to him not being sober. Please advise if any of these talaqs are valid. I am observing Iddah.  Please advise if they are valid based on the fact that he was angry and under the influence of drugs? Should I complete my Iddah? What should I do going forward. Allah knows best I need guidance.