Talaaq

Giving the wife a parting gift after divorce

Q: I am reading the kitaab (Handbook to a healthy Muslim marriage) after learning the fiqh of nikaah.

I'm on page 236... its explained that when a husband divorces his wife, he should provide parting gifts to his wife e.g. a set of clothing. It is the first time I'm hearing of this hence..

My question is, does this happen in our South African community and is the above also known as Mahr Mithal. My Apa taught us about Mahr Mithal from Behishti Zewar.

Revoking a talaaq

Q: I gave my wife talaq once and the fatwa council has approved the talaq on the 5th of May 2023 as irrevocable divorce talaq. My wife is in her iddat period and I wanted to ask that we want to get back together what is the best way to do so? Because I gave her one talaq. Her iddat finishes on the 5th of August.

Three talaaqs

Q: The problem is that 10 years ago I divorced my wife twice and 18 months ago I divorced one time and on May 16, 2023 I divorced three times. Now my wife and me are separated from each other. So I want to ask that divorce happen to me or not?

Does talaaq automatically take place if the spouses did not consummate the marriage within 4 months?

Q: One of my friends married 6 month ago. But she and her husband still not had intercourse between them. She doesn't know anything about it. Her husband also not trying to do anything. What can we do for her? How to take his feelings out? I heard if a husband and wife don't have intercourse upto 4 months, automatically it will be talaq. Is it true? 

Issuing three talaaqs when the nikaah was not consummated

Q: I wanted to ask regarding a person who got married to a woman and didn't have relations or spent time in seclusion with his wife and went to America. He did, however, touch her with lust.

After a year, he says that he, in his full senses is giving her Talaq, talaq, talaq.

What is the maslah regarding the amount of talaqs and iddat regarding this woman.

Shar'ee obligation of the father to provide maintenance for the children after divorce

Q: A couple have decided to terminate their nikah due to irreconcilable differences. After the iddat the wife will move out and rent a flat somewhere to accommodate herself and her three children (all sons).

Although the eldest child is 11, it has been mutually agreed that all 3 children will live with the mother.

The mother of the children has no personal income. She will have to find a job to take care of herself and her children as there is no other financial support. Since the children will be living with her, how much is the father liable for the maintenance of each child? Is there any formula to calculate this?

2. Which of the following aspects will be considered when calculating an amount for the maintenance of the children:

a) Food
b) Clothing
c) Rent
d) Utilities
e) Toiletries
f) Maid
g) Petrol allowance
h) Household detergents etc
i) Occasional treats

3. The children have grown up in a certain lifestyle. Does the mother have to cut back on what they are accustomed to, or does the father have to maintain them at the level they have become used to?

4. The mother will be moving into an empty flat which will have to be furnished with at least the basics. Since the children will be living with her, does the father have any responsibility in furnishing the home for his children's benefit?

5. The rental in an average suitable and safe area is around R6000. The children are already accustomed to living in such a suburb. Is the father obliged to provide maintenance considering such rental amount, or must the mother find a place in a sub economic area in order to afford the rental?

6. If the father of the children claims he is unable to afford, for example, more than R5000 in total per month for the maintenance of all three children, which is very inadequate, but the mother claims that he can afford more, how is this to be resolved?