Talaaq

Husband not supporting the wife and ill treating her

Q: I have been married for three years. I am a doctor and doing a job since the last 9 years. My in laws are very well off but after marriage my
husband simply said that he cannot bear my expenses and even asked me to give my salary to his mother. I started giving a handsome amount to his mother every month but I had to bear all my expenses myself. My husband also wanted sexual relations as many times a day as he desired and when I refused he beat me when I was four moths pregnant with my first son. At the time of birth of our first son I bore all the expenses myself and I told my husband that I will not give my salary to his mother since I have to look after myself and my son. My husband and his mother started pressurising me to quit my job and when I refused my husband beat me very severely. At that time I was pregnant. Then my mother in law asked me repeatedly to get the pregnancy aborted which I did not and I came to my mother's house in march 2012 and since then I am bearing all the expenses of my kids and me all by myself. My husband does not pay a single penny and hardly ever calls to ask about the kids. In the light of these what does the Shairi'ah say about my not wanting to have any sexual relations with my husband? If I take khulaa what would be the status of my kids knowing that their father does not care about them at all?

Does the nikaah terminate if the husband goes to live with a non Muslim?

Q: My question is with regards to my Nikah. My husband left me and our two children 8 months ago to live with a non muslim woman. He now regrets the decision he has made and wants to reconcile. Please advise if we are still in Nikah as I don't want to live in sin. He has not mentioned anything about giving me a Talaq at all when he was leaving, his words were he is leaving me as he does not have any feelings for
me.

Issuing one Talaaq-e-baain after another talaaq-e-baain

Q: Following up an irrevocable (ba'in) divorce with another irrevocable (ba'in) divorce (al-ba'in la yalhaq al-ba'in):

For example the husband says to his wife: "I am leaving you, I am leaving you" (intending divorce with both statements) or he said: "I divorce you irrevocably, I divorce you irrevocably". In this case, only the first divorce will count and the second will be considered futile. Regardless of how many irrevocable divorces a man pronounces, only the first divorce is effected. The reason being is that the first divorce is irrevocable; hence, the marriage bond between the husband and wife has ended. As such, the second irrevocable divorce will not be able to attach itself on a relationship that has already come to an end. (Culled from Ibn Abidin's Radd al-Muhtar, 3/306-309)

Does this mean that if a husband utters an irrevocable divorce and the wife is still in her idda, then the second irrevocable divorce will still not count due to the nature of divorce? However, if a husband utters a revocable divorce after an irrevocable divorce, it will take into effect during the idda?

Ambiguous statements of talaaq

Q: I still don't understand about ambiguous statements. I know that wanting a divorce is not the same as issuing a divorce, so how come if a husband says "I don't want to be with her" falls under kinaya statements of divorce when the statement is referring to the future? Nonetheless, if husband says to wife "you'r free" or "you are free", how come this is considered as a revocable divorce and not irrevocable divorce? If there is a difference of opinion on these two matters is it permissible to follow the one that is easier due to hardship reasons?

Reconciling after one talaaq

Q: I am writing to you with a lot of hope that I will be guided in the most Islamic way Insha Allah. My husband and I were married for the past 11 years. Last month on 16 November 2013 my husband gave me a talaaq the on phone, but he did not identify any witness or even mention them. Before talaaq me and my husband were not in contact at all. We had a fight and in anger I told him not to show me his face till
he does not start speaking the truth (as in every matter my husband has a bad habit of lying). He left my parents house in anger and for the next 6 months didn't try to contact me. He just wrote a letter to my parents that he is thinking of divorce. My parents didn't respond thinking he will come to Dubai that is where me and my parents are staying but he didn't come and decided to give me talaaq through the phone as he stays in Saudi. After giving talaq last month we started chatting and we cleared most of our misunderstandings and realised both our mistakes, now we want to make rujoo as only one talaq is over but now my in laws are not allowing him and pressurising him to continue with divorce. In fact my father in law even threatened to leave the house if my husband comes to make rujoo'. When we asked for reasons they are saying things like "she took the wedding album without our permission to Saudi 5 years back" and "she had back answered us four years back". The actual reason is simple ego as my mother in law is a real sister of my mother and from childhood there has been problems between both sisters. My husband and I have been the victim of these sister wars for so many years now. Finally my father in-law is saying that since my father is daughter's father he should come and apologise and then they will accept me. This is only pride but Islamically is there anything like the husband's parents deserve more respect then the girl's parents? I have already called my mother in law in my iddah and apologised for the mistakes according to them I have done and promised not to repeat any mistakes again Insha Allah. The fact is I used to stay with my husband in saudi and my inlaws in india and my parents in dubai. There is no reason for them to object as far as my husband and I are happily staying in saudi. We asked Moulana and they have said "Islamically rujoo is the decision between husband and wife" but we need the blessing and love of our elders. Please guide us what to do?

Handing over the right to issue divorce to the wife

Q: During a heated argument with my wife if I told her she has the option of staying with me or to leave me (divorce me) and she said "Ok I will leave or Ok I want separation" but at the same time I told her "I will not divorce you" due to hardship reasons. Then is this the same thing as giving her the authority to divorce herself as I was giving her a choice?

She is not happy, so I insisted she talk to her parents about sending her a plane ticket back home but I told her "I will not divorce you", so does this count as a divorce on her part, as I did not intend to divorce her but rather give her the option to seek divorce?