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Thursday, June 20, 2013

Fathwa - In divorce, it is the husband's word that counts

Question
salam wallikum ..a divorce saman a person from court came but i was
not at home stating that your husband has sent it, but when i spoke to
my husband he said that he did not sent it and he dose not want to
divorce me, he said it could be his family, but after that I did not
hear from him now he is saying that his affair withbhabhi should
agreed by me or he will marry someone else...i dont want divorce nor
can i adjust this relation ship what shouls i do.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
Sharee'ah )Islamic law( has made divorce in the husband's hand and
thus he is the one who has theright to divorce his wife. If he denies
divorce and there is no proof that he has actually divorced her,then
the husband's word is taken into account. It isnarrated in the
Masaa'il of ImaamAhmad ibn Hanbalfrom his sonSaalih: "I asked him
)ImaamAhmad( about a woman who claimed thather husband divorced her,
but she does not have evidence while her husband denies it. He said,
"The husband's word must be taken …" ]End quote[
We do not understand what you mean by your saying: "I did not hear
from him", if you mean that he has absented himself from you, then we
say it is not permissible for the husband to be away fromhis wife for
more than sixmonths except with her permission. For more benefit,
please refer to Fatwa 84073.
On the other hand, you did not explain to us the reality of his
relationship with the wife of his brother. If it is a prohibited
relationship, then it is incumbent upon you to rebuke him for that and
it is not permissible to keep silentand accept that he commits that
great sin. If he insists on that, then it is more appropriate for you
to ask for divorce even in return for a compensation. There is no good
for you to remain in marriage with a man who has a sinful relationship
with the wife of his brother.
However, if what is meant is that he respects and reveres her for she
isthe wife of his brother without doing with her anything of what
Allaah The Almighty has prohibited or what may lead to that, then
there isnothing wrong with that and you should not rebuke him for
that.
Allaah Knows best.

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