Tuesday, March 18, 2014

Fathwa, - Parents' interference in marriage













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Question
I was recently married but had not consummated my marriage and was waiting for my wife to send her immigration papers. What eventually happened is that my wife asked for divorce and the reason is due to her mother constantly talking about me in the negative? When I spoke to my father-in-law about this I found out that whatever me and my wife spoke of in private )through the internet or on the phone since these are the only 2 ways we could communicate( was known to them because she was informing them of everything happening. My question is that I was in a way forced into divorcing her because of her family's constant psychological torture to her. An example of which her mother would stop talking to her for long periods of time because she wanted this marriage to end. In any case I have not made any du3a against her family for ruining my marriage and betraying my trust in them to take care of my wife until her immigration papers are finished. What is the punishment for those who come between a man and his wife and force a divorce?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Allah the Exalted has legislated for His believing slaves the rulings that insure success and happiness here and the Hereafter if they put them into effect.
One of the most important matters the Shariah gives great attention to is marital relations. The Shariah contains many rulings pertaining to the marriage contract before and after it is established and how to solve disagreement if it occurs. The purpose of Shariah, as confirmed by the Muslim scholars, is either to bring benefits to the people or to complete them, or to protect people from harm or at least diminish such harms. So, the Shariah teaches us to reconcile relations between couples and to send two good mediators for this job. However, if it does not work then one may resort to separation as a last resort though it is not appreciated in Islamic Shariah. The Prophet )Sallallahu Alaihi wa Sallam( said:"If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden for her". ]Reported by four Imams of Books of Sunan[.
If the disagreement has reached point that they cannot continue the marriage and the wife is demanding divorce then a husband can ask for compensation. This kind of separation is called "Khul'a". Allah Says )interpretation of meaning(: }…Then if you fear that they would not be able to keep the limits ordained by Allâh, then there is no sin on either of them if she gives back )the Mahr or a part of it( for her Al-Khul' )divorce(. …{]2: 229[.
ImamBukharireported fromIbn Abbas )Radiya Allahu Anhu( that the wife ofThabit Bin Qaiscame to the Prophet )Sallallahu Alaihi wa Sallam( and said:"O Allah's Messenger! I do not carp at Thabit concerning his religion or morals, but I fear dishonoring his rights'; then the Prophet )Sallallahu Alaihi wa Sallam( said: "Will you give him back his orchard )i.e. which was given as her Mahr(?" She replied: 'Yes, and I returned it to him'; and the Prophet )Sallallahu Alaihi wa Sallam( ordered Thabit to divorce her"]Reported by Imamal-Bukhari[.
It is strictly forbidden for the parents or anyone else to interfere in the matters of couples except for the purpose of making peace between them. So, what your wife's mother did is wrong and not permissible. The Prophet )Sallallahu Alaihi wa Sallam( said:"Whoever sows dissension among husband and wife is not one of us"]Abu Dawood[.
Also, it is not permissible for your wife to ask for divorce without any acceptable reason.
Despite the mistakes that are committed by your wife and her mother our advice is to avoid cursing them though it is permissible in Islam to curse those who are unjust. Allah Says )interpretation of meaning(: }Allâh does not like that the evil should be uttered in public except by him who has been wronged. …{]4: 148[.
Islam always encourages forgiveness and pardon. Allah Says )interpretation of meaning(: }And verily, whosoever shows patience and forgives that would truly be from the things recommended by Allâh.{]42: 43[. He also Says )interpretation of meaning(: }…And to forego and give )her the full Mahr( is nearer to At-Taqwa )piety, righteousness, etc.(. …{]2: 237[.
So, do not curse them especially after the divorce has occurred. Know that Allah is not Careless about what the unjust are doing.
Allah knows best.








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