Talaaq

Conditional divorce in a letter

Q: Some months ago my wife got angry due to some family issues and went to her parents’ home but did not come back. I tried to bring her back but she didn't come. One day I sent her a letter that If you want to come then welcome a thousand times from my side otherwise consider this letter a divorce from my side. (I mentioned Talaaq, Talaaq Talaaq in letter). Decision is in your hands. Now I want to know whether divorce has happened after she got my letter or not?

Conditional divorce

Q: I want to ask about conditional divorce. My wife and I had many fights for the reason that she used to check my phone and usually fighting with me for many issues, e.g. my contact list messeges from my students, etc. I was sick and tired of these fights because it had been a routine and I was highly stressed because of these querrels.

This Ramadhaan I slept after offering my Fajar prayers and at about 9 am when I was about to wake up, I noticed my wife investigating my phone again. I was in extreme anger and I said to her "Next time if you touch my phone, consider it a talaaq" "اب اگر تم نے میرا فون چھوا تو میری طرف سے طلاق سمجھنا" I wanted to stop her from invetigating my phone and not the normal usage. Afterwards I handed over my phone to her myself for several reasons like receiving and making calls and she never did the investigation on my phone again.

I want to seek your guidance about the conditional divorce in Islam, as on my reserch from internet and direct question from one of the Mufti Saheb I received diversed answers. Mufti Saheb told me that there is no conditional talaaq in Islam and you have to pay kaffara for this statement. At the same time he refers that even a direct divorce in extreme anger is not considered a divorce.

Court issuing a khula

Q: We filed khula case in the court and in reply of my husband's lawyer was that they agree if we return to them the maher, which they hadn't given us. Later they used delaying tactics to prolong the case just to torture me.

After three months we were summoned to the court but reconciliation was failed because I didn't agree. The judge repeated the case in front of us and gave a khula decree in front of all of us including my husband, his father and my father. My rukhsati was not done. Is this khula right according to shariah?

Written talaaq

Q: Me and my husband were newly weds. Due to pressure and anxiety building up between both our families, my husband was made to write talaq thrice on a paper and this was then sent to me through his brother. My husband did not have the intention to divorce me thrice nor was he aware of writing this thrice would do. We both are now willing to reconcile, and I am still in my iddah period. Can you please advice and guide us as to how we can go back to living as husband and wife.

Husband not interested in having intimate relations with his wife

Q: I am a married woman. I'm 25 and my husband is not interested in having sexual relations. He said that this is not important and he doen't have such feelings that man has. He has an erection problem and he is not interested in having any sexual relations.

He is a nice man who loves me and cares about me. What do I do? Should I leave him? 

Wife telling husband before marriage that if he goes to any country they will be divorced

Q: If a girl tells her fiance before marriage that whenever you go to any country, our relation will finish or divorce will be happen and the boy reply "ok". He did not say any other words. He said in his mind that he had no intention for this, he just said ok so they don't fight more. After marriage, if he goes to any country, will the divorce apply or not?

Wife having the right to see her children after divorce

Q:

1. My husband and I have been separated since 25 April 2019. I am currently living with my sister and her family. I left my home because my husband abused me badly, this is not the first time that he had lifted his hands. I stayed in the marriage for 5 years whereby I went through physical and verbal abuse to the extent that I was even scared to ask to go and see my 2 boys from my previous marriage. He has a very bad temper, thinks that my family is influencing me and swears my family. I have been supporting him all these years and still am to keep a roof over his head.

In the last 2 months I have spent time with my boys more than I ever did in the 5 years of being married to my current husband. I would like to know my rights as still being married going to see my children as they live with their father? I know that their father is now a non-mahram to me.

2. My current husband does not want to give me my talaaqs. He is prepared to only give one and take his time with the others. I feel so stuck and torn between my family, my boys and my current husband. I dont know what to do. I want to do the things the proper way.

Husband telling wife "Pack your bags and leave"

Q: I would like to enquire about the validity of my nikaah. My husband and I are experiencing marital difficulties and he has asked me to pack my bags and leave twice this month.

I heard the fact that he asked me to pack my bags and leave even once, it counts as divorce and nikaah needs to be made again after iddah period. Please advise if the nikaah is now invalid.

Maintenance and division of assets for wife after divorce

Q: A couple are married for 17 years with 3 young kids. The husband intends taking a second wife, but the first wife refuses and seeks divorce on the grounds that she will not be able to live under a polygamous arrangement.

1. What is the correct divorce procedure in this case and what are the rules governing maintenance of the wife?

2. What are the rules governing the division of assets acquired in the marriage between the husband and wife?