Hadees - * visit for details - http://aydnajimudeen.blogspot.in/

Reported by Usamah bin Zaid (RA): Messenger of Allah (peace be upon
him) said, "A man will be brought on the Day of Resurrection and will
be cast into Hell, and his intestines will pour forth and he will go
round them as a donkey goes round a millstone. The inmates of Hell
will gather round him and say: `What has happened to you, O so-and-so?
Were you not enjoining us to do good and forbidding us to do evil?' He
will reply: `I was enjoining you to do good, but was not doing it
myself; and I was forbidding you to do evil, but was doing it myself".
[Bukhari & Muslim]

Fathwa, - His wife filed for divorce and refuses to reconcile

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Question
How long couple can live away/apart during resentment or quarrel? and at which age of kid, father can take his baby from wife? As my case is for separation filed by wife is under trial in Local Islamic court, since we made several efforts but my wife is not agree over reconciliation. Please supplicate for us.
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 Muhammadis His slave and Messenger.
First of all, Allaah clarified in His Book the Islamic principle in this regard saying )what means(: }…either keep ]her[ in an acceptable manner or release ]her[ with good treatment.{]Quran 2:229[
For more benefit, please refer to Fataawa 157275and 89825.
Therefore, a husband should not leave his wife hanged, neither divorced nor married; as there is nothing in the Sharee’ah that is called a period in which the spouses are separated from each other when there is a dispute between them.
However, if dissension happens between the spouses, both of them should be wise and endeavor to reconcile with each other as reconciliation is good as Allaah informed us and because divorce has disadvantages in general.
On the other hand, the wife is not permitted to ask for divorce without a sound )religious( reason, and if she insists on divorce without a sound reason for doing so, then her husband may refrain from divorcing her unless she gives him a ransom ]i.e. to compensate him for divorcing her, like giving him back her dowry[.
As regards the fostering of the children, it is the common right of both spouses as long as the marital bond is ongoing. If they are separated ]divorced[, the mother has more right in fostering her children as long as she does not remarry until the child reaches the age of distinction, and he/she then chooses with which parent he/she wants to stay; this is according to the most preponderant opinion of the jurists.
Allaah Knows best.








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Fathwa, - Wife demands invalidation of marriage without a sound reason

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Question
Dear Assalamalaicum, My wife filed a case for dissolution of marriage )Faske Nikah( in local Islamic court without Islamic legitimate reason. Qazi of that court has also cleared to her that is no legitimate reason of dissolution of marriage. Under pressure of her mother, she does not want to reconcile, she was ready to accept court verdict. Now, she and her parents say that they will not continue this covenant of marriage if, judgment of dissolution of marriage will not be taken place. What should I do, should I agree over Khula/Faske Nikah? Jazakallah Khair
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 Muhammadis His slave and Messenger.
Your wife has no right to ask for the invalidation of marriage without a sound reason, and it is not permissible for her parents to incite her to do so, as this is encouraging her to spoil the marital relationship with her husband. On the other hand, you are not obliged to accept her request or divorce her unless you wish to do so. Therefore, you should endeavor to solve the problem and reconcile as far as possible.
However, you have the right to refuse to divorce her until she gives you a ransom and the like, as Allaah The Almighty Says )what means(:}And do not make difficulties for them in order to take ]back[ part of what you gave them unless they commit a clear immorality ]i.e. adultery[.{]Quran 4:19[
At-Tabarisaid )about the interpretation of the above verse(,“…unless they commit a clear immorality ]adultery[ or use bad language for you, and they deny you your rights over them, then in this case, it is permissible for you to deny them their rights so that you take back some of the dowry that you had given to them if they ransom themselves with it.”
Allaah Knows best.







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Fathwa, - Wife asks for a divorce orfor the invalidation of the marriage without a sound reason

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Question
Dear Scholar Assalamalaicum, As my wife )8 months pregnant now( stubborn over nullifying of marriage without any legitimate reason. )she is under pressure of her mother as per my observation & others associated with case even Judge of this case(. I apologies for everything i did or not, though she is not agree over reconciliation. The judge told me that you should have to be agree over Khula as case does not have any legitimate reason for dissolution of marriage. What would be punishment for all if separation takes place? Further, I thought my wife thinks that she will not be able to perform duties of husband any more, on this ground she can ask for separation? What should be my role as i have made several efforts to reconcile this relation?
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 Muhammadis His slave and Messenger.
If your wife asks for a divorce or for the invalidation of the marriage without a sound reason, then she is sinful. For more benefit in this regard, please refer to Fatwa 88408.
So, you are not obliged to accept her demand but if she hates staying with you and fears to be neglectful about your rights, then she has the right to ask for Khul’ )divorce upon the request of the woman( in return for compensation which she pays you. For more benefit, please refer to Fatwa 89039.
As regards the judge whom you mentioned in the question, if he rules by man-made laws, then it is not permissible in principle to take the case to him. If he rules divorce or Khul’ or invalidates the marriage according to these laws, then his ruling is of no value and it should not be taken into account.
Finally, it should be noted that if there is no Muslim judge, then the Muslims should take their case to Islamic Institutions and Centers. A Muslim judge is supposed to rule only according to the Sharee’ah )Islamic law(.
Allaah Knows best.








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