Chapter Of Talaaq
Q) The husband of my daughter wants to give her talaak. he expressed his view clearly and wants me (his mother in law) to know his decision. on the other hand my daughter has fallen in love with another man when she is still in nikkah with her husband. the fact that her husband wants to divorce her is arranging her situation so that she can get settled with the other man as soon. so i wonder after her husband is giving her talak, is it obligatory that she keeps 3months 10 days iddaat still as in her case she is doing zinnah and i really dont think that during this iddaat days she is stay without having any connections with the man. its importance to note that for several months she is not having any maritial relationship with her husband. knowing the actual situtaion we want to maary her as soon as possible to avoid her falling deeper in zinaa. please advise your comments.
A) It is compulsory for her to observe the iddah period of 3 haizs (menstruations). If she got the talaaq during a haiz, then she should observe three other haizs as iddah. In fact the shariah forbade to talk about another marriage before iddah finishes. But here I am reading something very filthy and shameful happening. As parents you should stop your daughter to have extra marital relationships. Tawbah should be made and come on pure Islam. One may fast consecutive days and wake up for tahajjud for help to come out of the sins. We have noted that those who contravened the iddah period does not have a successful married life.

Q) Is it possible for a man to give talaq through letter?
A) Permissible. If you are giving, then give only one talaaq-e-ba in.

Q) My sister asked for divorce from her husband (1 year ago), and the husband gave 1 twalaaq, now he is asking for half the mehr back.
A) 0ne talaaq was sufficient to separate between your sister and her husband. If the nikah was consumed, i.e. they had sexual relationship, then the husband has no right to ask for the mehr. But if the nikah was not consumed and they never had an intimate time alone for 10 mins, then the husband has the right to ask for half mehr. In the case that there was consumption of the nikah, then it would be a major sin to ask for the mehr, since the money is already for the wife and the husband has absolutely no right to ask for it.
The Qur-aan condemns this: Que vous ayez donné à l’une un enorme richesse, n’en reprenez rien. Quoi! Le reprendriez-vous par injustice et péché manifeste? Comment oseriez-vous le reprendre, après que l’union la plus intime vous ait associés l’un à l’autre et qu’elles aient obtenu de vous un engagement solennel? (4:20-21)

Q) Pls advise in a case, where a husband decides to stay away from his wife during 4/5yrs but still living under same roof?
A) This couple should refer their discord to a alim or to the muslim family council.

Q) Is one allowed to leave her husband because the latter did not respect the conditions made before wedding- eg. to have a separate house after wedding?
A) No. But there may councelling by an `alim on these issues.

Q) Is it permissible for a woman wearing niqaab to live under same roof with her husband when talaaq had alreay been pronounced?
A) If iddat has finished, then it is not permissible for her to live in the same house with an strange man. In fact with talaaq, the husband is now an strange man to his wife. ``if 3 talaaqs have not been pronounced, then you may redo nikah with your husband. But after 3 talaaqs, then you will not become halal to your husband but after halaalah.

Q) Talaaq fini prononcer, pou refaire nikkah avec premier missier,madame la bizin faire lautre nikkah et talaaq. Eski li bizin consomme so deuxieme nikah avant li done talaaq
A) Mo comprend ici ki ene missier li finne donne so madame talaaq(3) et li pe envie retourne ek so madame. Donc pe demander si pou organise nikah madame la et apres sa deuxieme missier donne li talaaq. Sa appelle sa pe organise halala et li pas permissible pou faire sa. Ena Allah so malediction pou celui pres pou faire halaala et celui pou kip e faire halaala. (Abu Dawood)

قَالَ إِسْمَعِيلُ وَأُرَاهُ قَدْ رَفَعَهُ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَعَنَ اللَّهُ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ

Q) Can a woman leave her husband because he made a 2nd Nikkah?
A) No, this is not a shar`ee reason.

Q) Do i have to give my ex-wife a talaaq, who went to another country and didn't return? She did nikah with someone else, so did i. It's been 20 years since our separation.
A) If you never gave her a talaaq, then give her one talaaq-e-ba'in to separate from her. Inform her about it so that she may validate her nikah after 3 months or after 3 haizs since the talaaq was given.

Q) What is khula?
A) Khula is the proposition on the wife`s side of a valuable (jewelry, money,etc ) to the husband in exchange of her talaaq. The husband may accept or refuse the khula` proposition. In case he accepts the offered money, then she would automatically have her talaaq. Care should be taken in formulation of the khula in front of the husband: ''I have done khula with you with the jewelry that you offered me.''

Q) I married a man who was already married. It was his second marriage. I had intention of halala while according to him, he had intention of marriage. On the day of nikkah the marriage was consumated. And later he went to another city where he was posted and I came back to my home. The marriage was secret and undeclared. I got influenced by the nikkah and it became difficult for me to demand divorce, although I did many times. But whenever I did so, he stopped replying me and taking my calls. And when I wanted to talk to him normal and casual he didnt attend me. Before nikkah he showed great interest in me. Then whenever I complained that he doesnt talk to me, doesnt give me time, he would say he was busy and then again disappeared. Finally, I upset and disturbed, asked him if he wanted to carry on this nikkah, he told me as long as I wanted and had no problem. But he refused to declare our marriage and told me that he would ask me to leave in case I ask him to do so. I only asked to check him though. During the two and half months of our nikkah he emphasized that he would not divorce me unless I see him once more for sex. But it was not acceptable to me as he never treated me as his wife, seldom talked to me, and if I was not given the rights of a wife , then why should I be responsible for fulfilling his sexual needs. I was distressed and tortured by his indifferent behaviour. I refused to see him and got divorce. Did I commit a sin by not seeing him?
A) First of all it seems that there was a kind of mutual arrangement from thebeginning you two for him not to give you your full rights as a wife. Thatis that you two would see each other from times to times only. Then in thatcase the husband did not fail in his rights. But he is wrong to seldom talkto you and ignored you completely.But in your case, you refused him to meet you for cohabitation which wasnot right. But know that such secret nikahs does not last and finish likeyours. It was a sin though from your side to make halala because organizinga halala is wrathful. The holy prophet cursed the one who purposely marryfor halala purposes. Furthermore the holy prophet Muhammad peace be upon him said that Makeannouncement of nikah in masjid. That is a bond of marriage is to be madepublic and known and then live like normal couples in the society. Thesunnah of nikah endures and enhance any nikah. This is the general rule thatwould prevail until the end of the world.

Q) According to Islam can a woman divorce her husband? I live in Bangladesh, according to the law of the land of Bangladesh, I have the right to divorce my husband. But I would like to hear from you, what is the right procedure of divorce for a muslima as I do not want to by far the Islamic Shariah law.
A) A woman can ask for divorce on valid shar`ee grounds only. Some valid shar`ee grouds are violence, impotency and drug addiction or anything that may cause direct harm to the wife. But she may approach the Muslim Family Council of Mauritius for Mauritian cases so as to scrutinise the reasons of divorce. Else she may propose the husband a khula`. As such she may say: I have done khula` with the jewels that you offered me. But know that khula` will only take place if the husband accept to take the jewels. Then she would be divorced.

Q) I need to know the following about a case where talaaq was given: First talaaq was given 10 yrs ago and then the couple was together again (the next day they resumed together). Now two talaaqs have been given at the same time. Does this mean that the marriage has been cancelled?
A) Unfortunately all 3 talaaqs are counted. They can`t stay together unfortunately.

Q) My wife and i are already divorced according to law. I need to give her the talak's now. What is the best solution in doing so? Can i sent it written to her?
A) Give only one talaaq ba-in. This would be enough to separate between you and your wife. It is better that you come to Muslim Family Council to officialise this talaaq. Else write it in front of two witnesses and then read it infront of them.

Q) If a man betrays his wife, the wife can leave him but without giving talak does the nikkah continues ?
A) Nikah is still valid and continues until and unless talaaq is pronounced. But a suspended woman that her husband is reluctant to give her talaaq may approach the Muslim Family Council for a plaint. The Jurist there may judge the talaaq case.

Q) What is the difference in the consequences of giving one or three talaaq?
A) After one talaaq, one may recontract nikah with that person later on. But after 3 talaaqs, one cannot recontract nikah with that wife.

Q) Is it true that if a divorced woman remarries, she loses custody of her children?
A) Yes it is true. She should give the child to the father. Note that from baby to 6 years the child should stay by the mother. But as from 7 years the child should be in the custody of the father according to shariah.

Q) Si un homme prononce le mot talaq a sa femme trois fois dans un moment extreme colere sans intention,est-ce que le divorce conte?
A) Oui. Et le couple ne pourra pas cohabiter ensemble a vie.

Q) Does telling one's wife to go away while angry breaks the nikah?
A) No, except when intention of talaaq was made.

Q) What is the duty of the husband towards the wife and kids after a divorce? Is it true that the husband has to pay everything for his ex wife (house, food & expenses)?
A) No. The husband needs to only pay for the expenses of the kids. Except that if the wife is breastfeeding the child that she may charge for that. Else the father need to house, pay expenses, feed and cloth the children promptly.

Q) I married a person who did not give me mehr...He persuaded me that there is something called mehr fatimi and that mehr can be cancelled if i say mehr huwa. And i did so because he forced me to say so after the nikkah. Our marriage did not work because he sexually abused me several times. I left him and came to my parents for almost 2 years. After that i asked for a divorce and he just said that u are free from this marriage and u may contract another one anytime u want....Now alhamdulillah i am married again but my former husband who did not give me mehr did not pronounce the word talak and this bothers me...Can u help by giving me advices.
A) You were divorced by his words ''you are free..''. But still you needed to wait for three haiz or menses before contracting another nikah. From your version, the mehr fatimi is still due on your former husband.

Q) Is divorce permissible if a husband cannot give his wife her rights and cannot keep her happy?
A) Divorce is permissible whenever marital life becomes impracticable. Although the couple may undergo difficult times, they may find themselves in happy times later. Since every case is diffirent from the other, it is prudent to present your case in front of the Muslim Family Council.

Q) My wife left me since mid last december, but i didn't give her any talaaq and I have no intention of doing so because all I want is her to come back. Since how long may i consider her to still be in my nikah?
A) She would be in your nikah until and unless you give her talaaq. But she may consider to summon a demand for talaaq in the Muslim Family Council who will judge according to shariah. Else if this is not coming right, then we suggest that you free her with peace and such both may end this nikah without causing difficulty to each other.

Q) If a couple sign a legal divorse paper, but did not say 3 times talaq,is the divorce accepted in shariah?
A) The signature on a divorce paper does not nullify the nikah. Hence a talaaq should be given to separate the couple. Very important to note that one talaaq is Sufficient to separate the couple. Three talaaqs is a harm and irreparrable.

Q) Mo missier dans discussion finne dire moi : ‘’Aller, Alle rode ene lot mari.’’ Eski talaaq finne porter ?
A) Si missier la finne faire l`intention talaq par sa phrase la, alors ene talaq ba-in pou porter. Si li pas finne faire l`intention, alors pena talaaq. Mais li dangereux pou jouer avec banne mots pareils. Lire nou livre ‘’Pour l`amour d`Allah, ne prononce pas talaaq.’’

Q)  Si un couple s`est séparé l`un de l`autre pour plus de deux ans et n`ont eu aucune relation maritale et si maintenant le couple veut recommencer leur vie, est-ce qu`il faudra refaire le nikah ?
R) Non. Le nikah est valide aussi longtemps que le talaaq n`a pas été prononcé.

Q) Un mari (époux) a prononcé trois fois talaaq d’un seul coup. Est-ce que le couple peut se réconcilier peu après ?
R) Non. Les trois talaaqs sont comptés et donc le couple ne pourra pas se réconcilier.

Q) Il est arrivė qu`une épouse a eu une relation sexuelle avec un autre que son mari. Est-ce que le nikah avec son mari est affecté ?
R) Non. Mais elle doit quand même faire tawbah et repentance continuelle de cet acte grave.

Q) Comment divorcer avec sa femme ?
R) La shariah a prescrit plusieurs étapes avant le divorce : 1. Dialogue entre couple. 2. Action passive et active de la part de l`époux envers l`épouse. 3. Mettre un arbitre neutre et sincère pour essayer de sauver le couple. 4. Et si les étapes franchies n`ont pas été réussies, alors le mari prononcera seulement un talaaq ba-in pour rompre leur relation nuptiale. Mais après ils peuvent refaire le nikah pour revivre leur vie conjugale. Mais au cas où il a prononcé trois talaaqs, alors ils ne pourront pas contracter le nikah. Chacun doit chercher plutôt un moyen halaal pour vivre.

Q) Si aujourd`hui le mari a prononcé le talaaq, quand est-ce que la femme peut contracter un nikah avec un autre homme ?
R) Le `iddah ou la période qu’une femme doit respecter avant de contracter un nikah est de trois menstrues (règles). Pendant cette période elle doit rester à la maison, ne pas porter des maquillages, de belles robes et des parfums.

Q) Quelle est le `iddah d`une femme dont le mari vient de mourir ?
R) Le `iddah est de quatre mois et dix jours. Soit 130 jours. Mais si le mari est mort à la date du 1er d`un mois hijri, alors elle sera dans le `iddah les quatre mois qui suivent et ainsi que pendant 10 jours au cours du cinquième mois.
 
 
     
 
 
 
 
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