Talaaq

Confusion regarding divorce

Q: I just wanted some advice on divorce. My husband gave me my first talaq before but we got back together n then second time he left. I cant remember if he said it or not but came back with my uncle because we wanted to be together n 2 weeks ago we had a fight and he messaged me few days later saying I divorce u in a text message so wanted 2 know can we get back together if the other talaqs count because we got bk together during our ibadah because we love each other and want to be together can you please let me know thanks salam

Issuing talaaq using the word "Azaad"

Q: If the husband didn't use the word talaq instead he said 3 times "ma tmhy azad karta hon" is nikah still valid? Next day he said "meray kehnay ka matlab tha ka tum azad ho jo marzi karo ma kuch ni kahon ga" and after few months he again said 1 time through text msg ka "azad ha tu" please I m very upset reply me as soon as possible. He is still my husband or not?

Signing divorce papers three times

Q: May I ask firstly I separated from my ex husband back in Sept 2008 due to him been very abusive towards me and my children and my intention not to take him back in my life again. He agreed and said talaq to me once and walked out the door. The marriage never reconciliation after then and there was no communication in any way between us until 2012 when my daughter reported him to the social service for abuse and there was an investigation taken place where we had to go to court he was asked in front of 4 barristers and a judge whether he is still married to me or not and when did he give me an islamic talaq. He replied in front of the legal parties in court by saying that I am haraam for him every way possible even by looking at me he is doing a sin and I say it again in front of you that I have divorced this lady and she is no longer my wife. I was told by an imaam of my local mosque that by him saying this in front of the legal parties that my nikaah is broken with him, then due to having a court marriage as well I filed for divorce against him and he signed the paper 3 times. Am I right to think that I'm no longer binded with him.

Firstly could you please verify this for me as I am looking to remarry again.

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.

Husband asking for talaaq

Q: My husband is very abusive and has anger issues. He is physically, verbally and emotionally abusive. Whenever he is in this state, he tells me our marriage is over. Our last fight I decided to go as I was hurt. We text daily and he would be nice and some times ugly. Yesterday he texted. I want my Talaaq, I want my Talaaq you better arrange my Talaaq, is this valid as a Talaaq? 

Divorce taking place by signing divorce documents

Q: I am a second wife of my hysband. He married my 4.5 yrs ago without telling his family and his first wife about this marriage. Before marrying me he told me that since his first wife doesnt know about it, he wont be able to stay with me as much as he should. I agreed upon this bcoz I knew he loved me. So whenever convenient, he will come over to stay with me. In all these 4.5 yrs he hardly spent 12 nights with me. Due to this I started getting angry with him very often. In the mean time, I had no clue that his first wife now knows that we are married. So I started asking him to reveal the matter to his family. he asked me for 1.5 month time period to prepare the grounds for revealing this marriage. After he revealed it, he started saying to me that his first wife was pressuruzing him to select only one wife. He has 3 kids from her and 1 baby (8month) from me. His parents are not alive but all the other members of his family are his first wife's supporters. He also started telling them that we have lots of issuesa and we are unable to continue with this marriage whereas according to me, our only issue is that he does not give me time. After revealing our marriage, he also started saying that I cant give equality. I didnt involve my family into the matter bcoz I thought that he is doing all this in my favor, bcoz he always used dual meaning statements due to which I could never judge that he wants to get rid of me. Then one night he texted me that I wanna divorce u, and after 5 days, he sent me divorce papers. Since I was out, I couldnt receive them. He also kept telling me that I should not open the envelope as I am sending this just to prove to my wife and family that I have left you. I didnt want this divorce. Whats my status and is my husband justified in this? Is his first wife also justified in asking him to select 1?