Talaaq

Q: One of my colleague got married last year. But his wife initially was not sent to his house with both side family consent. As they were waiting for a grand party to be done from both side. Nikah was done very simply. But before that his wife came to stay with him for some time due to some urgent work in the city. They were staying like husband and wife. However my friend did not tell me whether they had husband and wife relationship. After staying with the husband for 4 weeks approximately the girl went back to her father's house and started telling her father that she has lot of problems with her husband and wants to study higher but till the completion of her studies she will not have any husband wife relationship. After 2-3 months of conversations, girl's father on behalf of girl sent a legal notice of divorce. In which it was mentioned that if my friend does not reply for this notice within 3 months divorce will be done automatically. Is this divorce right according to Shari'ah when the boy didn't say 3 times talaaq however he was ready to be separated?

Q: What is the procedure of doing faskh to annul the nikah?

Q: A husband and wife were having a bad fight, she was packing her bags to leave him, he was happy to let her go and he said to her "go, you are free till qiyamah". Does this mean she is divorced from him?

Q: Please advise if this statement constitutes a talaaq? This email was sent to me by my husband.

“I am just contemplating whether to give all three talaaqs at once and get done or do it in stages but the point is the same I think all three and its done and dusted”

Q: I would like to find out whether, after a divorce, the father is responsible for maintaining children that are living with their mother until they become baaligh. If so, is the father fully responsible or does it have to be shared equally with the mother.

Q: My question is that one of my friends had a fight with his friend and in anger he said to him that `if I ever talk to you, my coming wife will have a (kullama) divorce.' While saying this no women was in his mind, I mean whosoever he will marry she will have a kullama divorce. Now he wants to talk to that person again and wants to get married also. What is the solution?  

Q: please help my Islamic understanding of this, I have been married for 9 years when my wife informed me on the Sunday evening that she has decided to return to her mothers house and the marriage was over. I told her she should stay home or could go to her parents (temporarily) but to please attempt to reconcile the marriage. After she left the next day she and her family refused any attempt at reconciliation (except for three sessions with a psychologist where again she simply stated the marriage is finished and there was nothing to discuss)  

I would like clarity on FASAKH or annulment granted by Imam Wahab of the Majlisushura Al Islami and request  Islamic guidance regarding custody of my three year old son

The fasakh was given on the 03 May 2008, on the basis of the ‘emotional state’ of my wife

Q: If a couple are married "in community of property" and wish to divorce only for the sake of rectifying this situation that's not compliant with Shariah - how can they achieve this without annulling the Shari marriage? Many people are caught up in this predicament and want to correct the situation but don't want their Islamic marriage to be dissolved.

Q: A husband issues a summons filing for divorce in the High court (the couple are married Islamically and in accordance with SA law) - in the summons he states:

"Wherefore the plaintiff claims: 1. A decree of divorce"

Would this constitute a proclamation of divorce in Shariah? The husband does have the intention to divorce his wife and has mentioned several times that he will divorce her. He has not pronounced the words Talaaq or divorce directly to her. Would the above mentioned works "a decree of divorce" be sufficient to annul the marriage? 

Q: We have a situation where the father of the girl, is a Mufti. The father wanted the husband to sign a contract stating that he will guarantee that the wife/daughter will be brought back to her home/home-town on demand any time or at least once in every six months. The husband says that this new demand for a contract has no Shari basis as they have been in Nikah for a few years, and the contract of Nikah is sufficient.

Three days later, the father issues this written ruling/fatwa stating the nikah needs to be re-made. The additional contractual stipulations can then be placed as pre-conditions of the new Nikah. Now I am being accused of 'doctoring ' the question for my preferred answer. Every Mufti consulted so far has agreed, that for Talaaq Baain, the husbands intention is the main deciding factor. Considering that the husband states that he never had any intention of Talaaq whatsoever, please give the Shari ruling on the validity of both the fatwa copied here below, as well as the validity of the Nikah. Additionally, the husband also rejects that it was a majlis of matrimonial discord, instead, he says that his wife’s sister, who is married to an Arab man was badgering him, so he responded to her whilst in the presence of his wife and her mother. He does agree that he said in anger and in response to the wife’s sisters comments, "If thats the case , i'll take my daughter Mahdiyya and go, and you can find an Arab man to get married to and stay with your parents forever'

Afzal says the context of the statement was on Tuesday night when he found Aamina and Maryam speaking, Maryam said Aamina advised her that Arab men are far better, so Afzal responded, there was no intention of talaq. It was a statement made in anger for what Aamina and Maryam were saying about Arab men being better to marry. He had absolutely no intention of talaq. After this whole conversation on Tuesday night, Maryam and Afzal slept together in the same bed that night.

1. Please, we request a urgent response based on the written fatwa.
2. We request a Shari Ruling on the validity of the fatwa, considering the husband states that no intention of Talaaq existed.
3. We request a Shari ruling on the validity of the Nikah.
4. We Request a Shari ruling on the wife listening to her mothers demands to disobey the husband and prohibiting her from returning to her marital home, which was the actual catalyst of the entire problem.
5. We request a Shari ruling on the wife remaining in her parents home against the wishes of her husband.