Custody of a nine month old child
Q: What does sharia say concerning custody of 9 month old baby girl in divorce. Also do the paternal grandparents have rights on the child?
Talaaq
Liaan
Q: My question is about lian, or accusing wife of adultery. If the husband accepts the child during the first week after the baby is born but then later on says "that baby is not mine", is lian still carried out or is it dropped because it was accepted right after delivery and not rejected?
Am I divorced?
Q: I got married 9 months ago, after my marriage within 4 weeks my my mother inlaw and sister inlaws started behaving bad with me, my mother inlaw would try to make misunderstandings with my husband but at that time my husband was nice to me but we used to have a lot off fights. I was so fed up with my mother in-law. I told my mother to send me a ticket, although I asked my husband and my in-laws they said I could go. After 3 months of my wedding I came back to Canada. My husband lives in Spain. The day I came to Canada I was wearing jewellery that my mother gave me. My mother in law took that from me. She said I will lose it. They didn't give me any money even the ticket my parents sent for me when my dad found out that i didn't have money plus gold. He called them and asked them why my mother in law lied to him and said I gave it to her and so on.
Before my wedding my dad told them they have to this and that... They promised but refused after. I was pregnant I told my husband my in-laws didn't call even when they found out I was pregnant. I asked my husband to send me money but he didn't. He said its not his responsibility he gave me talaq 2 times i am sure but 3rd time he used this (if that so I will give you talaaq now). He blames me that I have physical relations with someone else. He says he don't trust me and I love someone elde. The thing is I never even thought about anyone else beside my husband. I always loved him and I still do but I can't live with such a person who thinks about me like that. I am having my child in July and he wants the child too. But I would never give my child away. Now I want to know if I am divorced? What should i do?
Fask of nikaah
Q: Kindly study the following scenario and advise whether the wife’s claims constitute valid grounds for Faskh or not.
The wife claims that during her fourteen years of marriage her sexual needs have not been fulfilled. She argues that despite engaging in intercourse with her husband, he leaves her unsatisfied having fully exercised his sexual right. The husband does not suffer from any ailments, but does not attend to her satisfaction after ejaculation. The husband feels that he is fulfilling her right by merely engaging in intercourse with her and that he is not obliged to fully satisfy her. She has made numerous attempts to resolve the issue, but to no avail. She claims that her sexual rights have not been fulfilled, and now fears committing Zina or engaging in other lewd acts. The husband’s behaviour has led to extreme levels of frustration due to which she suffers emotionally and due to which the marriage has broken down.
A senior Alim of our department was previously involved in the resolution of a similar case. In this instance, the wife, who is a Hafizah and observes full Hijaab confessed to committing Zinaa on more than one occasion due to a similar problem faced by the woman in scenario number one.
We are aware that according to the common laws of Faskh such a claim does not constitute valid grounds for the annulment of Nikah since the husband does not suffer from impotency or other sexual health related diseases. However, in view of the severe repercussions that may arise from the husband’s behaviour and considering the appalling state of our communities, can such a claim, if genuine and proven be considered as valid grounds for Faskh?
Your esteemed response will be very much appreciated.
Marital problems and custody of children
Q: I am seriously contemplating a divorce as I am no longer interested in the marriage, it has had a major share of issues and I have also been advised to let go. The worst part is that everybody from my family knows my husband to be a liar and although he is an Aalim, the behavior which he has shown to a prominent Aalim is disgusting. The only problem that I have is my 2 kids. I will look after them, but I'm worried about their future. Please advise as its hard for children that have a broken home.
Halaalah
Q: Respected mufti saheb this question is very urgent as the couple are about to engage in this action. Under what conditions is it permissible to engage in Halaala?
Maintenance of the child after divorce
Q: What is the rights of a woman with regards to maintenance after divorce while she is breast feeding?
Uttering an ambiguous word which could imply talaaq
Q: I am actually taking a fiqh course on marriage and divorce but I still don't understand the concepts and I would like to get a second opinion on a question where there is a difference of opinion. If a person uses metaphors of divorce statements with the intention of "wanting to divorce" in the future tense but not to issue a divorce on the spot, are these statements considered in hanafi madhab? My understanding is that they will not count because divorce was not issued on the spot but I read somewhere that it does. Can I please get a second opinion?
Husband giving the wife the right to issue divorce whenever she wishes
Q: Before a woman gets married, can she request that her husband should give her the right of divorce, and will this be a valid talaaq? What is this usool called?
Mother who does not want to give up the custody of children
Q: I have been searching the net and cant find any lectures on when a mother doesnt want to give up her son to the father. I want us all to reach jannah. Are there any details on the bad effects/punishments on this topic. Are there any books or something reliable I can read on this topic. I am disturbed that my exwife and her husband get more time with my son than me. It is disrupting my sleep and salaat, meaning I loose concentration. I am performing 5 times in masjid and yearn to have my son with me. Society is so corrupt and I desire to teach him the value of islam. Is there any evidence against a step father giving the islamic nurturing over his father. Please any advice or words that I can give them. Islam is strong on liniage, and we will be called by our fathers names, it seems as if they are happy for me to provide minimum teaching as I see my son 2 days a week. Please any lectures or books I could read. Any warnings to mothers who dont wish to give up the right of custody. The wieght of the punishment is on me should my son Allah forbid commit grave sins. What can I do? I get angry and saddened and don't want to loose my character. But anger is from shytaan and I am only human. Please give me some advice.