Talaaq

Not adopting the Shar'ee procedure to annul the nikaah

Q: I am from Karachi. When I was on duty my wife suddenly went back to her fathers house without my permission to hassan abdal dist attock and he forced me to give her divorce. When I refused, she went to court at hassan abdal and filed for a khula. She got khula from the court without giving back my 10 tola jewellery and she appeared in court and she took an oath that she has no jewellery. The judge gave her khula. Kindly tell me is the khula valid? She wants all her jahez saman back but she has all my jewellery and I have not signed any khula paper or given her any talaaq.

My husband intends remarrying his first wife

Q: I am facing a difficulty in marriage. My husband had a love marriage before, then for some reasons they split up and he got married to me. Its been 6 years now and we have two kids but my husband have never forgot her and he mistreats me when he thinks of her. Now after 7 years of their split up he has contacted her and asked her to marry him again. In this country there is no rule for two wives and I also heard that in Islam it is allowed if you can treat them equally, which is not possible here. She has told him not to do so and fix his relation with me but he is still insisting on her by sending her love mails etc. I am worried about myself and my kids and cannot find any way, besides I feel like it is not possible for me to leave him as I love him and he is the father of my kids. Even he knows that his relation with her won't last for long but still there is some thing that is pulling him in that direction. I am reciting "Surah Dahr" 11 times for 11 days and "Ya Wadoodo" 41 times every day. In anger he has said several times that he divorced me but he doesn't believe that one can be divorced just by saying. If some one can help me in this I will be great full.

Husband telling the wife "meri taraf say azad ho"

Q: I want to know about a problem which has effected me and my life a lot. My husband converted from shiaism although Masha Allah he has improved a lot in Imaan but still he is not acquainted with all sunni procedures. He is a high blood pressure patient and at times he says that please do not make me angry. I become mad in anger and do not know what to do, now the question is that one day on phone during fighting I was telling him that as you during our days of engagement used to say meri taraf say azad ho now do not use such things as it causes separation but he was insisting that Islam is not that tough that in anger if I say so without intention we would be separated, he said when I have to leave you I would use divorce word, we were still fighting that I asked him to let me talk to my mother in law who is still a shia and she said to me that no talaq never happens like this I was talking to her and in the background I heard my husband saying meri taraf say azad hai he was in anger and I think that as to repeat in anger he said this meri taraf say azad hai azad hai I asked my mother inlaw, you heard what he said? She said no I heard nothing he is in anger he talking to himself. I told her the words she said no I heard nothing like that I asked my husband he said I did not say any word to get you separated he said he was in much anger but he swore to Quran and Allah that he had not said azad words and he said he never had any intention of divorce if he had used divorce words. Then I cried and hang up. He called and said do you have Quran with translation and read Ayat 227-230 and said tum bakwas karte ho in Quran its word talaq for separation then he said you just fight for nothing i love you and i do not want to leave you then he gave Quran to aunty who read ahead and told him that in Quran it is allowed to marry 4 yateem girls he told me then i said even halala is also a solution in Quran he said in extreme anger that phir mein tumhein farigh karta hoin phir tum karlo halala. I asked what is yours intention he said shutup you are my wife and i am in anger i do not want to lose you I told him his words he said no i said to phir dafa hojao aur karo halalay and that too so that you shut shut up he swore upon Holy book that he never want to leave me or divorce me he said he was in much anger but he knew that talaq word would separate us thats why he didn't use it. Please tell me my husband says he never said words of separation and even my saas says she had not heard it now what is my condition what about talaq?

Is Faskh of Nikaah based on Ijma'

Q: Am I correct in understanding that Fasakh as understood by the Ahlus Sunnah wal Jamah is based on the ijma practice of the Sahaba (Radiyallahu Anhu)? Mufti I am very staunch that we follow orthodox Fiqh and I am not seeking to cause problems, instead I am trying to defend particularly the Shafi mazhab against people who argue that they can make ijtihad and grant a fasakh as equal to a Talaq (i.e. without any conditions at all).

And as much as all sunni Ulama reject this assertion of theirs I would like to understand what the Sunni view is based on, please.