'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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Question
I have been married for twenty years and have four childrens 2 girls,2 boys.My husband gave first talak last year did ruzu next day. he gave second talak on 16 feb 2013.since then we are staying seprate and he is not providing money for me and childrens. On 18 march he came in the night and started to force me in front of my children's and said if I don't do as he say then told me to write on a plain paper that I am asking him for khulla. As all my children were frightened and crying I wrote what he said. What is the ruling I dnt want to stay wid him is Talak already done or he has to give a third one. children are left with me if we seprate is he liable for their expenses...we have a house in joint name can I keep the house as he is threatening me to take the house away saying its in hades if I don't want to stay I will not be liable to anything but have to give him what he ask for and he is asking for fifteen lakhs.he already has done two nikahother then me. He alleges I am asking for talak when he has given me two talak by himself. please help me and my childrens in this situation as right in the light of Islamic Ruling.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammadis His slave and Messenger.
First of all, you should know that a Fatwa is not enough for matters of dispute; rather, it is more appropriate in such matters to resort to an Islamic court or to an authority that acts on its behalf, so that the judge hears the claims of both parties. The judge's ruling is then binding on both parties, in contrast to a Fatwa.
We can say in general that if your husband did not take you back after the second divorce and your 'Iddah )waiting period( ended, then you are irrevocably divorced from him and you are entitled to all of the rights of a divorcee, and your husband cannot take you back except through a new marriage contract. But if your husband took you back before the expiry of your waiting period, then you remain as his wife. If you want to separate from him because of him causing harm to you, then you may plea to an Islamic court and clarify the matter to them in order for them to divorce you from him and you will get all that you are entitled to.
If he forced you to ask for Khul’, the Khul’ is invalid unless it took place with the wording of divorce or he intended divorce with the wording of Khul’ )This is under the premise that Khul’ is a form of annulment of the marriage contract and not a divorce(, in which case the divorce is effective, but it is a revocable divorce ]i.e. he can take you back before the expiry of your 'Iddah[.
Ibn Qudaamahsaid: “If a man keeps his wife under undesirable conditions and harms her by beating her and making life difficult for her, or deprives her of such of her rights as financial support, staying overnight with her or the like, in order that she compensates him for her freedom, and she did so, then the Khul’ is invalid, and the compensation is rejected )i.e. unlawful(......And if the compensation is not in his possession, and we consider Khul’ to be divorce, the divorce is effective and he is not entitled to the compensation. If the divorce is performed less than three times, the husband may take his wife back, as it is the compensation that eliminates the opportunity to revoke the divorce; so if there is no compensation, he has the right to take her back. If we, however, consider the Khul' to be an annulment of the marriage contract, and the husband does not intend divorce when performing it, then the divorce does not take effect.” ]End of quote[
On the other hand, if you want to separate from him not because of injury but because of you have an aversion to him, you may ask for Khul’ in return for you renouncing some of your rights. For more benefit on the ruling of Khul’, please refer to Fatwa89039and133315.
Moreover, a father is obliged to support his children as long as they are still young and do not have money; this goes whether the parents are married or separated. For more benefit, please refer to Fataawa 86603and83934.
Finally, if you have partial ownership of the house, your husband is not allowed to take it from you without your consent. The Prophetsaid: "The money of a Muslim is not lawful )for anyone else to take it from him( unless he gives it with his own proper consent."]Ahmad[
Allaah Knows best.
- PUBLISHER
NajimudeeN M
NajimudeeN M
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