Talaaq

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.

Custody of children

Q: I am divorced. I became unemployed and was unable to provide the total maintenance for my son every month. As a result in a 3 year period I am at least 1yr behind on his fees which was his right on me to provide for him. He is now 6 years old and his mother remarried to a non mahram. I only got to see my son as his mother wishes. Mostly Sundays maybe sat nights and Wednesday. I feel this is not nearly enough time. My son can feed clean and clothe himself. I want him to come and live with me and he wants to come and live with me and he expresses it. His mother says because I owe her for his maintenance fees she is with holding him. She does not want him to come with me and threatened to leave the country with her new husband to stop me from having him. Islamically can she deny my right of custody because I owe her? Does my son have a right to be with me if he wants? I need advice and rulings. I realize this is very technical. I owe her money for my son’s maintenance, mother is remarried. I want to have my son; son wants to be with father. Mother does not want father to have son.

Written Talaaq

Q: My aunt got divorced on paper. But her husband says he did not intentionally give divorce to her. He divorced her under pressure of his second wife. He says he was not thinking clearly while signing papers. He also said he did say the words by mouth. Did the divorce take place or not?

Writing out three talaaqs under duress

Q: My sisters husband gave her three talaaqs about two weeks ago. After five months of marriage. It was a letter signed by him & written in her absence, then brought to my sister by somebody she didn't know. Her father-in-law was behind all of this. Her husband said his dad wrote letter first, so he tore it up. Then his parents made him re- write it watching him. He said his dad would disown him if he goes against his dad. He even told my dad the day before that he still wants to be with my sister. She saw him crying when his dad made this decision for him. Now he says he didn't mean to. Clearly he was under duress will this talaaq still be counted?

Husband saying 'From today (husbands name) and (wife's name) are divorced.'

Q: A husband tells his wife after an argument: ‘’From today H.M and M.A are divorced.’’ He does not say that ‘I am giving you Talaaq’. He says this to her on the telephone and he sends her a message on her cell phone. H.R refers to the wife’s full name and surname and M.A refers to the husband’s full name and surname. In addition, the wife is 3 weeks pregnant. Does Talaaq become effective? What is the shariah ruling and can reconciliation be allowed if the above statement is regarded as two talaaqs? 

Woman fleeing her marriage home due to abuse

Q: I know a woman who have married with a man who already married two women and he didn't tell the truth, after some time this man beat his wife and treated her badly, at last he decided to kill her. When this woman sensed it she left her husband with out telling him to germany. After 3 years this woman married another boy but her ex-husband didn't give divorce and the wife also didn't take khula. During the 3 years the ex-husband didn't give nafaqah and didn't even search for her. Now is the second nikaah valid for this woman.

Note: The ex-husband by his wish did an operation not to have children and her ex-husband was not ready to talk and was just by name Muslim. This women told him so many times to leave her and she doesn't want anything from him but the husband said that I will take you to my brothers home and will leave you there for ever.

Written Talaaq

Q: My husband and I have been experiencing marital problems for quite some time now with no resolve. As a result, I have written out 3 talaaqs and asked him to sign the paper on which I wrote the words : "I 'husbands full name' hereby give 'wifes full name' a talaaq." Only under the first one did he write his name but no signature acknowledging that all 3 are valid. Is this talaaq valid? If so, how many have been given, and also, what should my next course of action as wife be?