Q) What is the meaning of talaaq e bain?
A) A talaaq with emphasis that separate between a husband and a wife in such a way that nikah will be necessary before cohabitation during iddah or after iddah.
Q) Husband gave one divorce (talaaq) by saying ” I am giving you one divorce but he said it twice” It will count 1 divorce or 2?
A) 1 Talaaq Ba-in
Q) How to know/prove if a girl already got her khula?
A) Need details regarding the khula
Q) I would like to ask about Talaq. If someone says during usual fight with his wife: go get lost from here or go to your parent’s home or i left you, and this was said many times at different occasions. Did Talaq take place or not? And what does Kinaya means?
A) Not Talaaq unless the husband did the intention of Talaaq with these words. Ask the husband about his intention. Else saying such words without intention of talaaq does not affect the nikah.
Q) Do we need witness when a husband gives talaaq to his wife ?
A) No. But for administration purposes, he may be asked to certify the talaaq.
Q) I have been living at my parents place for last 10months. Since then my husband never contacted me or provided a single rupee to me and my daughter. Now I am asking for talaq. Whose responsibility is it to help us financially during this period?
A) Your husband should provide you with all expenses until talaaq pronounced. Else your close relative or zawil arhaam should help you, if they are rich. Starting with your parents, brother, uncle and cousins, whoever is rich.
Q) I don’t want to go back to my husband since I believe he cheated on me. but I also don’t want talaq coz I still love him and also I don’t have any strong proof to prove my point. what can I do? can I stay away whole life from my husband without talaq?
A) No. You will need to clarify and decide. Our councel is that you go to your husband since at this time, he has the authority of shariah to call you by him. But you may contact the MFC on 2128667 if you are unwilling to return or want clarification on the issue.
Q) A daughter whose father passed away does she also have to sit for iddat. if yes how long?
A) No iddat for daughter.
Q) I have married a woman 5.5 year back as my second marraige we consumed nikah within 3 month she went form me we nevr sopekn or met for 5.5 year is still our nikha alive.
A) Nikah is still valid until talaaq given.
Q) I don’t have any contacts with my husband for the past two years.. He has not provided me nd my child a single rupee since he left abroad,, now I have asked for divorce and I’m to get it,, should I stay iddah in this case since I have to look after my daughter.
A) No. You will have to contact an official office that deal with these issues. These ulamas will look into in the issue to break the nikah. Remember that without talaaq or faskh through this office, you will not be free from this nikah. If you are in Mauritius, then phone Muslim Family Council 2128667.
Q) A person commits a sin, the latter has an option to repent to Allah, by asking forgiveness. If a husband gave 2 talaak to his ife, can the latter repent / ask forgiveness to Allah SWT about this kind of act?
A) Tawbah yes. But the talaaq will still count
Q) In what circumstances can talaq be given and what’s a valid reason to put an end to nikah?
A) Incompatibility, physical inability, insufficient finance, etc. MFC is there to analyse all these complaints.
Q) If a woman has her menes and husband sends letter giving talaak, is talaak counted?
A) Talaaq will count.
Q) My wife left me and my 3 year old son today. I want to give her talaaq. i want to know how to proceed?
A) Send her: ”I….have given you …..1 talaaq-e-bain.” Inform the related muslim authorities of nikah of your decision. Date that letter or message.
Q) Can a woman’s Wali grant a khula?
A) If she appointed him, yes. But the wordings should be precise: I have done khula` with you in return with Rs 10000. There is no such thing returning Mehr
Q) My wife left me and she took my 3yr old son also. But i dont want to give her talaq. she told me that she will not come again to stay with me…What should i do?
A) Put your case in front of the responsible ulamas of your area. Mauritius: Muslim Family Council.
Q) If a husband says to his wife ‘go to your parent’s place and don’t ever come back here’ in anger, does it count as talaaq?
A) No, unless he made intention of talaaq.
Q) I did a nikah years ago. My husband gave me talaaq. I did not meet him at all for some years and I had more than 3 menses during that time. I don’t have any witness for the idaat period. Is the talaaq complete? Iddat starts when you received your talaaq. So count 3 full menses as from after your talaaq.
A) If you can say the imaam celebrating your nikah to confirm the talaaq from your ex husband. Else permissible for you to marry if you know you have had your talaaq.
Q) A divorcee woman contracts a secret nikah with a married man since 11 years from now. the husband continues to live with his first wife & the divorcee woman lives with her son alone. Not after 11 years, the woman wish to make Doah that she gets a husband who will accept her & her son in front of the society. There’s no problem between her & her secret husband. They were happy like this. but now the woman feels lonely & cannot handle her son alone. She even informed her secret husband abt her intention to do nikah. The husband accept to free her if she get someone good & responsible. Is it permissible for her to ask such Doah to Allah Taala?
A) Yes, permissible.
Q) My sister is seperated from her husband since 10 months, Now her husband gave her talaaq. Does she need to wait 3 periods months more before she starts to search for another man? What we need to do if she gets marriage proposal during the 3 months?
A) Yes, 3 full menses before looking or talking on marriage. It is haraam to look for a man during that time. Postpone the proposal if it comes before that.
Q) I have a sister and she has been given all her talaaqs. Wanted to know if they can reconcile?
A) Cannot reconcile if have given 3 talaaqs. She should marry someone else.
Q) If a husband has given his wife two talaak and they live separetely since three years. Can the husband remarry her?
A) Yes, can return but should redo nikah in front of 2 male witnesses. Our answer to talaaq is only valid for the given version.
Q) My husband gave me one talaq-e-baa’in in a letter by post. What should i do now?
A) You need to sit for iddat for 3 haiz period. If you got the talaq while you were in your haiz, then you must count three seperate haiz (not counting the haiz in which you got the haiz). You can still reconcile if both of you
Q) In what circumstances can talaq be given and what’s a valid reason to put an end to nikah?
A) Incompatibility, physical inability, insufficient finance, etc. MFC is there to analyse all these complaints.
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) My question is can I get back with my ex husband? I asked him 4 a divorce in which case he refused then he asked for his mehr and wedding ring back which I had given him and he sent my belongings with a letter in which he states that he grants me my talaaq bain-e.. Its been almost 2years and recently he contacted me and wants to get back together and he says the ullama he has spoken to says we can get back together.. I would like to clearify if this is true and how do we go about it?
A) Permissible if he gave one or two talaaqs ba-in. But you will need to redo nikah again.
Q) I’m a nikahfied girl and wants khula because of incompatibility and some other issues. Should I do idaat process?
A) Khula takes places when a verbal proposition of a sum of money(Not mahr) from the wife’s side to the husband ‘’I have made khula with you on that sum in return of talaaq. And the husband accept and take the money. There is no such thing as returning mahr to the husband as khula.Q) Can I wear my Ex husband ‘ s jewellery after divorcing him? and does my new husband have a right to stop me from wearing that jewellery which is mine now?
A) Yes. No. But since it is annoying to remind him of your previous husband, it is requested that you sell these to buy new ones.
Q) Sometimes if we have a dispute my husband tells me to ask my dad to come and take me, is talaaq applicable here?
A) No. Unless when saying you to go, he made intention of talaaq.
Q) Three years ago, i was going to make a second nikah but my first wife did not agree with it. During a dispute, she asked me to give her talaaq and i gave her one talaaq. After that i made nikah with another woman and i got separated with my first wife. Now my first wife is pretending that she is still in my nikah and that i only said talaaq once. Is it true that she is still in my nikah?
A) If you did not have sexual intercourse with her (the first wife) after giving her talaaq, then she is separated from you. This one talaaq is sufficient to separate between you and her
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) If a husband says he gives talak to his wife in his heart and does not pronounce it, does it count as talak?
A) No. As far as talaaq is not pronounced, it is not counted.
Q) Can a man who divorced his wife, visit his mother in law and stay there till late. sometimes they stay alone and sometimes the man stay with his sister in law..!
A) No, this is not permissible.
Q) During a dispute on phone with my wife, i asked her if she wanted talaaq. I said the word thrice, did our nikah break?
A) No, but word did you use?
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) If someone gave his first Talaaq to his wife, does the husband still has responsibilty towards the wife on foods and needfull staff. Also what if the wife left his house after the first talaaq was given, does the husband still do has to provide foods n needs meaning about food n staff???
A) If the wife left the conjugal roof, then there is no expenses due on the husband. But if she return, then the husband need to provide for her roof, food and living expenses during her iddah. Bahr ur Ra-iq:
وَفِيهَا أَيْضًا الْمُعْتَدَّةُ إذَا خَرَجَتْ مِنْ بَيْتِ الْعِدَّةِ تَسْقُطُ نَفَقَتُهَا مَا دَامَتْ عَلَى النُّشُوزِ فَإِنْ عَادَتْ إلَى بَيْتِ الزَّوْجِ كَانَ لَهَا النَّفَقَةُ وَالسُّكْنَى
Q) Si 1 couple ki in vivre deux mois en separation- sakene vivre kot so parent- pan garde contact ditou et aster kan madame la p dmane misier la so decision: msiier la repone: madame in lib aster li kpv fer cki li envi, et ki li pu vivre kuma etranzer ek madame et li confirmer ki li nepli bzin madame la aster. ki ou conseille mwa dans sa cas la?
A) Bizin demande missier la: eski li finne faire l`intention talaaq quand li finne dire ”Libre et faire ceki li envi”? Si li finne faire l`intention talaaq, alors talaaq finne porter. Si li finne dire sa sans l`intention talaaq, alors pena talaaq. Ou encore dans so nikah.
Q) I am not able to take decision of my talaq. inspite of doing isthkara for many days can I ask any of my well wisher or any pious person to do it for me? can I count on their decision after them doing it?
A) Yes, you may do so. Choose an alim that you trust to perform this operation.
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) May Allah forgive me but my mom is very hot tempered and likes to spends money on useless things. Earlier my mom and dad both were working. My dad used to give all his earnings to my mom which she never saved. Now the problem is both are retired however my mom gets pension whereas my dad has nothing. He even have some problem in his leg due to which he cannot walk much. She keeps on yelling at him. She told him talaq 3 times left the house and came to my house for 1 night to stay. I somehow managed to send her home next day but the situation remains the same. Someone told me that it is kind of khula and it also affects the children (a kind of manusihat) comes on the well being and prosperity of children. Is this true. Pls advice.
A) A woman cannot give talaaq to her husband. It is not khula. Until the husband does not pronounce Talaaq, the wife will stay in the nikah of the husband. Not true that separation of parents would affect as mentioned. If you can help your parents financially, that may improve situation. It is said that whatever a child have should be at the disposal of the parents.
Q) I got to know my husband has been cheating on me with a non muslim. i really dont know what to do.
A) Talk to him. Forgive him and try to hide the issue. Else you may put the case in MFC 2128667.
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) A man gave talaaq to his wife, must he inform two witnesses about this?
A) No, but he should inform the wife.
Q) I separated from my husband 14 months back since he cheated on me.I m depressed a lot n often dream of him.recently I dreamt that he is telling me that is doing second marriage for his parents and crying pleading not guilty.what it’s mean?
A) Do put an alim between you to see what can be done to save your marriage. If talaaq pronounced, then how much? Phone on 57921333 for precise info on the issue of whether can return or not.
Q) Is it a sin to make dua to bring back a person who says his wife is back even after saying 3 times talaaq. We loved each other but due to misunderstanding he stopped talking to me. i want him back
A) It is a sin to live together after 3 talaaqs. One should encourage such couple to stay separate and make their way to a new life with new pairs.
Q) I want to give my wife Talaaq. i want to know how to proceed.
A) Do consult a learned person to evaluate your situation vis a vis your wife. Then only you may pronounce ”One Talaaq Bain” by words or may send a message also. No need to give 3 talaaqs because this will close all doors almost forever.
Q) My husband gave me one Talaq-e-Baa’in but now we are deciding to reconcile. If my iddat is completed, can i reconcile or not?
A) Must perform the nikah again with 2 witnesses. In all cases need to redo nikkah
Q) If a girl accepts to perform nikah because of her parent’s emotional black mailing but now she cant take it anymore. And the husband doesn’t want to give her talaq. The wife doesn’t want to go for khula. Is there any other way for seperation?
A) No. Muslim family council may help.
Q) After divorce who will have rights to carry 8 month boy baby. Mother wants her baby and father also wants his baby.
A) An 8 months baby should be kept by the mother according to shariah. At this time, her milk, her care and her compassion is needed to be given to the child. On the 7th birthday-7 years-, the child will be under the father`s custody. In any case, the expenditure of the child from birth falls on the father only.
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) A woman works and her husband passed away. Can she go to work even if her iddat has not ended? If no, then in one case can she go out?
A) If it’s necessary for her to go work to earn a living, then it is permissible during the day only.
Q) Mo fine tender ki si mo dir mo madame “to le dos pareil kuma le dos mo mama”sa veut dire ki mo fine donne li talaq.est ce que li vrai sa kozer la?
A) Si ou finne dire sa avec niyat talaaq, alors ene talaaq ba-in pou porter. Si ou pas finne ouler separer ar ou madame par sa parole la, alors pena narien. Si ou pas finne ouler talaaq, mais ou finne envie faire haraam lor ou sa madame la sans ki casse nikah, alors li pou haraam lor ou tanque ki pas paye kaffarah. Kaffarah li valeur 10 sadaqatul fitr ou Rs 700.
Q) I married a man. The man is a good person. I married him only because he wanted to marry me. Deep inside, I don’t have love for him. Since he wanted to marry me, I tried to marry and see what it gives. After staying sometimes with him, I’m not feeling okk at all. As a woman, since I don’t love him, it’s difficult for me to engage in sexual relationship. I’m getting depressed, I can’t continue to live like this, I know he won’t give me talaaq. Sometimes, in depression, I tend to think things like suicide so on. Plz, help me, What can I do ? I can’t continue to live like this ?
A) You may contact MFC if you are in Mauritius-2128667. Else contact an official office of your country. They may listen to both of you.
Q) Someone said to his wife: ‘’We will go on different ways’’ and the husband insisted that he meant talaaq. Does talaaq occur?
A) Acording to Fatawa hindiyah, one talaaq ba-in occurred by the wording ‘’We will go on different ways’’. Because the word road and way is used in kinayah or wording that people normally use to separate with their wives or meaning talaaq.
Q) Me and my wife have been living separately in 2 different bed since nearly 11/2 years but under the same roof. Actually this was caused by a familial problem and my wife thought I was culprit.In fact I asked her forgiveness in front of my whole family and 2 sons but still she is adamant to become as before and the distances and clash continues. I asked the interference of Imam and Mutawali but no change. After these lonely moments, I have started developing no feelings and love towards her and since the beginning we do not talk to each other. We are not attracted to each other in any way may it be mutually or sexually. One day when we had an argue she told me I am free and I can go search for someone else and she wants to live her life and search for someone else too. Is our nikaah still on? Can I perform another nikaah as I have met someone and we want to get married and perform nikaah. Is my wife still in nikaah with me? I still carry my duties as a husband and give her all her needs. I am 40 and my wife 36. The one I have met is 21 but still she wants to marry me.What must i do in this case as we both are aware that her parents will not accept for this nikaah because of our age difference. But still we want to live together and even rent a house for this purpose.
A) You will need to decide on your continuous relationship with the wife. She is still your wife. Since you have 2 kids, we recommend that you try to mend a last time on the issue. If failed, then give her only one talaaq and separate with her. she will not stay in the same house, as she will be a stranger. Else keep her in nikah. Then only you may consider to take another one. But if you are doing zina already with the girl, then nikah is the immediate cure.
Q) I am living separately from my husband for about a year. He had not pronounced talaq verbally in front of anyone then. But recently I got to know that he’s saying we are divorced and he had given talaq. Does it ends our marriage?does it counts as talaq?
A) No. But you need to ascertain this declaration in front of two muslim witnesses.
Q) If a muslim couple shows theire privates parts before nikkah what law and rule in islam for that?
A) This is completely haraam and sinful. A nikah needs only 2 persons to hear the proposal and acceptance of the couple.
Q) A sister has left her husband due to domestic violence and is still in nikah. She wants to know whether she needs to seek for his permission in regard to her movement especially as far as her child is concerned.
A) If the husband is providing for the monthly expenses, then because she is still in her nikah, then she will need to seek permission. But if the latter no more spend on her, then she may go out even if he refuses. As far as the child is concerned, if he is spending on him, then he has right over the child. But if he does not spend on the child, then the mother may upbring the child as wishes, but should inform the husband if ever she is emigrating. Should she wish to be free, then she should ask for talaaq. She may put the case to muslim family council.
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) A woman is divorced and has a daughter. The woman did a second nikah now, is the second husband a mahram for the daughter?
A) Yes, he is a mahram for her.
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 someone says that there is no such thing that a lady should sit in iddat, does that person become a kafir? Does her/his nikah breaks?
A) Yes. Should reread kalimah and redo nikah.
Q) Is it a form of talaaq when a husband tells his wife to leave home because he no longer needs her in his life?
A) No. But still we need to ask the husband if ever he has done intention of talaaq. If ever he did intention of talaaq with these words, then it is a talaaq ba-in.
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) Is Halaalah allowed in Islam or is it a sin? Some ulama say it is permissible to make a second nikah with the intention to ask for divorce so as to return with the first husband.
A) It is not permissible to organise halaalah. According to one hadith of Abu Dawood, Allah’s curse is on that person who does halaalah deliberately and also on that person for whom the halaalah is been made. Halaalah is something that should happen naturally, in a way that if the woman did nikah with another person and it so happened that he also gave her talaaq (without the intention of making her halaal for the first husband).
حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ حَدَّثَنَا زُهَيْرٌ حَدَّثَنِي إِسْمَعِيلُ عَنْ عَامِرٍ عَنْ الْحَارِثِ عَنْ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ قَالَ إِسْمَعِيلُ وَأُرَاهُ قَدْ رَفَعَهُ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَعَنَ اللَّهُ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ
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) If a man in a moment of anger has given his wife 3 talaak, does it count as one talaak and are they allowed to stay together or not? What should they do?
A) 3 talaaqs given is counted as 3. Hence the couple cannot live together. They should choose to spend the life with another halaal life partner. They should forget each other.
Q) Does telling one’s wife to go away while angry breaks the nikah?
A) No, except when intention of talaaq was made.
Q) A lady is divorced but does not want to be with her ex husband in jannah, she wants to be with someone else in jannah, is it possible? She does not want to hear from her ex husband neither in dunya nor in akhirah.
A) Possible. She may remarry a better person. Then She will choose.
Q) What is the hukm of a woman being divorce while breast feeding and in addition, she doesn’t menstruate till after she weed the baby, can she get married during this time?
A) No, unless she menstruate 3 full menses. One may take medication for that.
Q) I have khula in 2013 December 9th and did not stay back in house and completed my idaat for 40 days… i am finding it difficult to find a good proposal now. what should i do now.
A) Iddah is 3 full menses. If you are older than 55 years, then 90 days. Tell your parents to look around and talk about you in front of others. Also you may look for someone pious and that would look after you. May Allah Ta`ala open your way. Wake up for tahajud and read 360 times Allahoummagh firli at sehri time.
Q) A couple is having lots of problems regarding peace between husband and wife, and daughter- in law with mother in law and father in law…. My question is: how to know if the couple is affected by evil eyes or djinn and what and how to find solutions through Hadith and quran?
A) You should contact a serious `amil to detect whether it is an exterior evil or a mere inadaptation. A serious amil is M Noorani, masjid Derby Curepipe. We suggest that the husband should rent a house nearby and separate his wife from the mother in law and father in law. Then they may meet up every week or so.
Q) I need to know if a girl left her husband because she has fallen in love with someone else and she is pregnant now but she wants this to be in proper halal way of nikkah can you kindly give me a soultion to that. Do i need to have an abortion? Can i not marry this person ?
A) First she will need to have talaaq from the husband. If he refuses, then she may approach the marital office of her area to dissolve her marriage. If she happens to have talaaq, then she will observe a iddah until she delivers the baby. Only then she may marry the other person. In a whole, the baby if after birth is rejected by the first husband, then the baby will be called and linked to the mother only. But if the husband approve the baby, then the cost of living of the child will be under the father. The mother will look after him until 7 years old. After 7 years old, the father will look after him. This is the shariah ruling on the issue. You may communicate us intermediaryly to have circumstantial maslas.
Q) I would like to know what happens to divorced women when they will enter janah? Will there be a companion for divorced women who do not re marry, in janah?
A) Yes, she would choose there from the different husbands that she had over here. That is why the holy prophet SAW prescribed men to act gently towards the wife, so that she may choose us up there. Else know that your husband would be a changed person in Jannah.
Q) Can a man give talaq to a woman when she is pregnant?
A) Yes, permissible. And know that the child will be in the custody of the husband unless he denies him as his child.
Q) I’ve been separated from my husband since 5 months because he was having an affair with another woman. now he’s not willing to give me divorce although he is still after the other woman and I do not want to return back to him. What should I do?
A) You may approach the Muslim Family council for that issue. I suggest that you may forgive him if he is sincere. Else, you may propose him to accept a sum of money in exchange of talaaq. This is called Khula`.
Q) A man had a dispute with his wife and since then the couple are staying separately, each by their respective parents. Can the husband take the jeweleries back from his wife which he had given to her?
A) If he had given it as gift or mahar, then it is not permissible for him to take them back. The wife has the right to keep the jeweleries even after divorce.
Q) Is Allah’s curse on a person who gives talaaq to his wife?
A) No. Allah’s curse is not on such a person. Our prophet Muhammad (saw) did give talaaq. And in certain conditions, after a reunion in Muslim Family Council, talaaq becomes inevitableQ) A couple is having some problems in their marriage, so they staying separate. Each one of them is staying by their parents. Should the husband send the monthly expenses to his wife? Or is it not necessary, because the wife works?
A) If the husband asks the wife to come back but she refuses, than she does not deserve the expenses. But if the wife wants to come back and the husband is refusing, than she is deserving of the expenses. The fact that the wife works does not absolve the husband from his responsibility of giving expenses. According to shariah, even if a woman is rich, the husband should give her the necessary expenses.
Q) My wife andi had an argument and i have said to her “here is your car keys and your house keys bye bye ” meaning i left you” but i dont think my intention was clear and firm of divorce brother. i think i just said these words without thinking about it. i think i was just angry and wanted to punish her or make her worry and i don’t really know what my intention was when i said these words. i left the house but came back after 20 minutes when my anger was cooled and we said sorry to each other and continued normal, and we never had anything like that again. i don’t think i was ready to divorce her but i was angry with her and i am having doubts of my intentions when i said these words. i’am just confused this happened 8 months ago and now she is pregnant. please help having known these words could be considered divorce i am 100% sure i wouldn’t have said it. i love my wife and i think the reason why i said these words is because i wanted her to stop this arguments.
A) Without intention of divorce, no talaaq occurred.
Q) If a wife has left her husband and stay at her parents house and then ask her husband to give talaq because she doesn’t want to go back to him. When the husband came to give talaq the mother of the wife doesn’t allow the husband to give talaq and made an emotional blackmail to her daughter by saying she will leave the house and stay in a convent if she take the talaq. In this case what happens?
A) If talaaq was not pronounced verbally or not already written, then the lady is still in the Nikah of the husband. But if already written in a letter or already said, then even if the lady refuses to take the letter or refuses verbally, she still would be separated from the husband.
Q) I want to ask about halala. My ex-husband want to re marry me for our child’s future. So in islam does the pre plan halala nikah permisible? If yes, then how long i have to stay in 2nd marriage? And in the second mrriage is phisycal relationship nessesary? and what is the iddat period after divorce from 2nd marriage?
A) Pre-organized halala is not permissible. In Abu Dawood, the holy prophet SAW said that Allah sends His wrath upon the one who organize to perform a halala and also for whom the halala is objectively done. (Abu Dawood)
أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَعَنَ اللَّهُ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ
But you may find someone to perform a sincere nikah, with the normal procedures of a nikah respected. You may hide inside you that you would ask for talaaq later on. And in no case should this be mentioned to the nikah party. If mentioned, then it is preorganized.
At least one penetration of the penis inside the vagina is necessary for the nikah is said to be consumed. Only after that, then you may ask him for talaaq. This is on him to accept your request or refuse.
If talaaq was given, then you will have to observe 3 haizs or 3 full menses as iddah. During these 3 haizs, you cannot perform nikah, nor talk about nikah. Only after that iddah that you may perform a nikah with your ex husband.
Q) I would like to know if, during her iddah period, can a widow go and spend a few days at her married daughter’s place to avoid being too much alone, of course provided that she remains in the house, does not go out in public and correctly observes the rules of iddah.
A) Not permissible unless getting sick or medical purposes.
Q) Is it ok if i stay with my husband only because of my children? We are married since 15 years and have 3 kids. But my husband and i are not happy together.
A) If three talaaqs are not been pronounced or you are not seperated due to a talaaq, than you may stay with your husband. Even if you are not happy together, but because nikah is still valid between you two, you may stay together; even if you are not sleeping together.
Q) If a wife has been given one talaaq , should the couple re do nikah before living together again?
A) If the iddah (3 menses) have elapsed after the talaaq, then definitely, the couple should redo nikah in front of 2 witnesses. If during iddah and the Talaaq was given in direct words (i.e. I gave you talaaq), then the husband need only to say: ”I have taken you back in my nikah”. Then they may cohabit together without nikah.
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) While my husband and i were having a dispute, he told me to go and find another husband? Did talaaq take place?
A) If the husband had meant talaaq by this phrase, then one talaaq-e-baa’in will fall. If he had not made any intention, then nothing will fall. However, it’s quite dangerous to play with these kind words. Read our book “Pour l`amour d`Allah, ne prononce pas talaaq.’’
Q) A couple stayed away from each other for more than two years and didn’t have any marital relationship during this time. If now they want to start their lives together again, will they have to make nikah again?
A) No. The nikah is valid as long as talaaq didn’t take place.Q) A man gave his wife three talaaqs at once. Can the couple reconcile later ?
A) No. The three talaaqs has fallen, thus the couple will not be able to reconcile.
Q) A woman had sex with someone else beside her husband. Is her nikah with her husband broken?
A) No. But she should make lots of tawbah and ask Allah for repentance for this sinful act.
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) If a woman was given a talaaq today, when can she perform another nikah with another man?
A) The iddat or the period of time which a divorced woman should respect before making nikah with someone else is of three haiz (menstruation). During this period, she should stay at home, and she should not wear make-up, beautiful clothes and perfumes.
Q) My husband sent sms to my father, sister and brother not 2 me but he used 3 talaaq words with my name, did talaaq occur? i am in kuwait. Nikah also was performed here. Kuwait law said it is considered as a 1 talaaq. What is your opinion?
A) You have had 3 talaaqs even if he did not write to you. This law that 3 equals 3 talaaqs is from whence hazrat umar r.a. and there is ijma and concensus on the issue.
Q) I dont want to be with my husband he abused me mentally and physically I want to get out of this marriage and now I love someone else and want to get marry to him. My husband knows this but still just to harase me he is not giving me talaaq. If someone has changed his or her religion still nikaah will remain or it will get dissolved automatically?
A) If someone went out of Islam even for a second, the nikah is dissolved. May Allah Ta`ala protect us from such a grave step that may lead to eternal hell fire. If one pass away in such a state, then would go straight in jahannam. Put your case in MFC for your khula`: phone on 212 8667.
Q) I am married and have two kids and now when my kids are of 17 and 18 yrs , my husband has left three of us, it has been six months although we stay in same city. My husband doesnot either call us or even meet us. how can this marriage be defined now, can we meet him and try to convince each other to stay under one roof. or will this marriage be considered a case of divorce..?
A) Your marriage would be still valid until talaaq is pronounced. You cannot marry another one until talaaq not given, and iddat be observed. Try to convince him to follow the pathway of the noble sunnah to have a family life. Else contact the nearest Islamic organisation to remedy the situation between you and your husband..
Q) For how long should a woman, whose husband has past away, sit for iddat?
A) The iddat is of four months and ten days or 130 days. If the husband died on the first of a hijri month, then she will sit for iddat for the four months that follows together with ten days from the fifth month.
Q) I am not able to take decision of my talaq. inspite of doing isthkara for many days can I ask any of my well wisher or any pious person to do it for me? can I count on their decision after them doing it?
A) Yes, you may do so. Choose an alim that you trust to perform this operation.
Q) I have been living at my parents place for last 10months. Since then my husband never contacted me or provided a single rupee to me and my daughter. Now I am asking for talaq. Whose responsibility is it to help us financially during this period?
A) Your husband should provide you with all expenses until talaaq pronounced. Else your close relative or zawil arhaam should help you, if they are rich. Starting with your parents, brother, uncle and cousins, whoever is rich.
Q) I don’t have any contacts with my husband for the past two years.. He has not provided me and my child a single rupee since he left abroad,, now I have asked for divorce and I’m to get it,, should I stay iddah in this case since I have to look after my daughter
A) No. You will have to contact an official office that deal with these issues. These ulamas will look into in the issue to break the nikah. Remember that without talaaq or faskh through this office, you will not be free from this nikah. If you are in Mauritius, then phone Muslim Family Council 2128667.
Q) I don’t want to go back to my husband since I believe he cheated on me. but I also don’t want talaq coz I still love him and also I don’t have any strong proof to prove my point. what can I do? can I stay away whole life from my husband without talaq?
A) No. You will need to clarify and decide. Our councel is that you go to your husband since at this time, he has the authority of shariah to call you by him. But you may contact the MFC on 2128667 if you are unwilling to return or want clarification on the issue
Q) If a woman has her menes and husband sends letter giving talaak, is talaak counted?
A) Talaaq will count.
Q) If I tell my wife if you continue to pursue in such and such direction: “I’ll give you talaaq” Does it count as a talaak?
A) No. Talaaq is counted in present or past tense, except if attached to a future condition.
Q) If I tell her to go or leave the house does it count as Talaak. In my mind I had no intention of giving Talaak to her in both cases.
A) No, it is not counted as talaaq unless purpose intention is made.