faskh

Shohar Talaaq nahi dena chahta he

Q: Meri Sadi ko 8 sal ho chuke Hai Mai apne husband se 6 sal se alag rah rahi hun apne parents k Ghar par. Mai apne husband se khula Lena chahti hun. In 6 salo Mai husband se Koi bhi contact and khrcha nhi liya Hai Hai lekin fir bhi vo khula nhi Dena chahte bol rahe tumhe jindagi bhar isi trah presan krta rahoga... plz mujhe koi Rasta bataye

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.

Applying for faskh

Q: I want to ask a question on behalf my mum, who seeks to annul her marriage to my father. He refuses talaq, yet he does not support her and he lives in another town, he does not support me or my sister, but that is not the main issue, my mum is his second wife. His first wife passed away recently. He does not contact my mum but he does to come to 'visit', and he stays at his other sons house, and not by mum. For no apparent reason. My mum has supported us her entire life alone. She has never commited adultery or anything like that. She does require a divorce because he is neglecting his responsibilities to her. Please can you advise, or ask me for more clarity if you need to know anything more about this. Your assistance will help us a lot.

Asking for faskh due to mistrust

Q: Me and my wife are currently separated but not divorced. We have been separated for 6 weeks now. My questions are as follows:

1. How long are we allowed to be separated before our marriage will be null and void?

2. My wife wants a fasagh, however I want to reconcile. The problem was that I borrowed money from a friend and never told my wife and she only found out afterwards that I borrowed money from a female... Is she allowed to be granted a fasagh on the basis of mistrust and lies?

3. If she insists on a fasagh and I dont want to because I still love her and for the sake of our children, can the Alim force her to give me a chance even though her parents don't want her to take me back?

Separation and faskh

Q: Me and my wife are currently separated but not divorced. We have been separated for 6 weeks now. My questionson are as follows

1. How long are we allowed to be separated before our marriage is null and void?

2. My wife wants a fasagh however I want to reconcile. The problem was that I borrowed money from a friend and never told my wife and she only found out afterwards that I borrowed money from a female...is she allowed to be granted a fasagh on the basis of mistrust and lies?

3. If she insists for a fasagh and I dont want to because I still love her and for the sake of the children, can the Alim force her to give me a chance even though her parents don't want her to take me back?