Talaaq

Can an ex-husband force his ex-wife to remarry him

Q: A person tried to save their marriage and it resulted in one talaaq and the marriage is over due to iddat period being complete. However the husband insists that the wife should remarry him but doesn't want to acknowledge that he has a drug problem. Therefore no help or efforts to reform him can be made. The wife has no intention to reconcile because of this. There are kids from the marriage as well. Is she sinful in anyway? Can society blame her for not going back because she has kids? Please advise.

Husband telling the wife "I will always want you so long as you want me, and if you don't want me then I won't want you"

Q: My wife was feeling very low and sad due to the loss of our baby. I said to her: "I will always want you so long as you want me, and if you don't want me then I won't want you". When I said this bit I was thinking if she ever wants to leave me then I will divorce her. I realised that this may constitute  divorce so after a pause of 3 seconds or so I said: " even if you don't want me I will still want you". A week or so later in a massive argument she said you can divorce me now if you want. I am not sure if she had the intention of divorce when she said this. But later on she said if we have this kind of problem again then she will won't want to get back with me. Does any of this constitute to a divorce.

Can a woman issue a divorce?

Q: I am twenty two years. It's been five years I am married. I don't love my husband. I don't feel connected to him. It was a forced marriage. My father forced me so much so that I had to get married. Now my problem is how should I handle my marriage. My husband is good and I respect him, but how much I try, I can't love him. Should I divorce him? Of course he deserves a better wife then me.

Intending talaaq by saying "ab khatam"

Q: My husband gave me divorce in 2 sms's within half hour intervals on the 21st of September. Then after 1 month he made but without any guilt. He continuously makes threats. I agreed to go but couldn't go back as in the last moment I talked to him and he quarrelled again. So on the 17th of December he used the word aab khatam and said he signed the paper. But still I didn't get the paper. Is divorce complete should I sit in iddat?

Dissolving an ante-nuptial contract

Q: I would like to know I signed an ante nuptial contract prior to me making Nikaah, a month later we made nikaah and a further month later we registered our marriage (South African Legal Marriage). I am married for two years now. I have now come to know I made an error in the ante nuptial contract and for it to be corrected, we would have to "legally" divorce in terms of South African Law, then enter into a new Ante nuptial contract, and then re register our marriage. Both my spouse and I do not want to get divorced islamically, If we do get a "legal" or "civil" divorce will this affect our nikaah? We can do the default divorce whereby the wife initiates divorces, the husband receives the summons (he has ten 10 to defend, if he does not defend, the divorce will be given by default by the SA courts). I am asking this as it is important to me to ensure my ante nuptial contract is in order. This is affecting my mental ability to think and do my work, as it is always on my mind.

Issuing two talaaqs

Q: I follow the shafi'i madhhab. In a state of having a jinn in me and my hubby being intoxicated, I asked him for talaaq, he gave me two, does this count according to my madhhab? He follows the hanafi madhhab. Does two talaaq count as three because we were living normal!

Written talaaq

Q: A woman had sent a khula letter on a 100 rupees stamp paper written by a moulana to her husband witnessed by her sister and brother stating that she needs khula, upon receiving the husband signed the document writing that he is giving divorce and willing to release her with out taking any Mahr amount or what so ever. Will this end the marriage or the husband should pronounce talaaq in front of witnesses to end the marriage. Just upon receiving the written consent papers can the woman marry another person.

The process of khula

Q: My sister is married for 18 months. Her husband is unable to fulfil her basic needs. So far she has given him sufficient time to do so but he is unable. Finally she came to us and we also tried through all sources to compromise but all results are negative. Finally she wants to use her right of khula' with her husband. What is the process? She is separated from him since more than one year.