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Question
As Salam 'alaykum. I was married in the Sharia Court of UAE to a UK national as per Islamic law. This marriage lasted 36hours and he left saying there was a work related emergency and he would be back in 3 weeks-which never happened. During the next 2months he kept making excuses, probably with no intention of coming back. A lot of factors lead to the realization that he was a liar who had broken my trust along with my family's. That’s when I approached the Sharia Court. All efforts for reconciliation were made, but to no avail. I told him I wanted a divorce and was fed up of all his lies. He said I should make the relevant papers and send it to UK and he would sign it, but never gave me any address to do the same. During the numerous calls made by me, he always had some excuse. This continued for almost 3months. Realizing he had no intention of disclosing his address, finally the courts accept my application of Khul. As per procedure, international calls were made to notify him to attend hearings )which he never responded to( notices at different intervals were printed in the local Arabic & English newspaper. I called him and told him what I was doing. At times he avoided accepting my calls, like he couldn’t speak, as someone was in front and at other times he said if that's what would make me happy, to go ahead. Finally, over the next 3months of hearings, the judgment was passed, giving me the Khul, after questioning my witness who were my brothers )the same at the time of my nikha( I would like to inform you also that I was never given any Mehar, as he had promised to give the same once he got back to UK nor had he spent a single Dhiram for the wedding or any gifts for me. 5 years have passed with no contact at all, with me in UAE and he in UK )and I do'nt know if he thinks I was lying about it all( Now I have met a man who I would like to marry. Will this marriage be valid in the eyes of Allah )swt(
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 the situation is as you mentioned in the question that the Islamic court ruled and granted you Khul’, then the relationship between you and your previous husband is finished, so it becomes permissible for you to marry another man after the expiry of your waiting period. If such marriage takes place fulfilling the conditions of a correct marriage, among which is the consent of the guardian and the presence of two witnesses, then the marriage is correct.
For more benefit on the conditions of a correct marriage, please refer to Fatwa 83629.
It should be noted that a woman or her guardian should not consent to the marriage without asking about the religion and good moral conduct of the man who proposes. Being lenient in this matter may lead to unpleasant consequences.
Finally, it should be noted that you should perform the Istikhaarah prayer, as Allaah Knows the outcome better.
Allaah Knows best.
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NajimudeeN M
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Question
assalamun aleykum , my question is i am married women from last 15 yrs but i dont have any children,my husband show me many doctor and i have done many test for preagnancy but doctor always tell me that i am ok i dont have any problem,3 to 4 doctor show the problem to my husband but my husband did not accept that he has problem,and he is not taking the tablet or any kind of medicine so please tell me what to do, now i want divorce and to leave him because he gave me mentally tension from last 15yrs for the children, he always blamming on me,i am asking you i dont have right to leave my life with any other person which i should get children and fulfill my dream,
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, we ask Allaah to make a way out to your distress and facilitate for you and your husband having children and make your life happy together.
Indeed, we have already answered a similar question in Fatwa 89247. However, we say here that being separated is not considered as divorce, so it is not permissible for a woman to remarry unless her husband divorces her or that Khul’ takes place and her waiting period expires.
Allaah Knows best.
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Question
Dear Sir, My American Muslim wife sent an email to the Center for Islamic Counseling and guidance in Atlanta USA asking for Khula divorce. They wrote in the Khula Divorce Certificate ))We received a phone call then an email from Deborah A. Middleton requesting khula from her husband Dr. Hesham Regab((. 1.Can any a wife get Khula divorce through an email and telephone call? )) We sent him a letter on November 13th, 2008 to inform him of the process and allowed him 2 months to perhaps reconcile the differences within the marriage, but it failed.(( They sent a letter at 13th November 2008 giving me 2 months to divorce my wife!!. I never received this letter at all. I am living in Germany .I got an email in April 2009 with a Khula Certificate with a date 15th January 2009. She disappeared at September 2008 and I did not have her address and I do not have it till now to discuss with her the differences ))We have asked him to fear Allah and honor the request of his wife in granting her a khula, but he has rejected our efforts and refused to respond to our letter((. They said that they sent one letter only from US to Germany which I did not receive it at all and they do not have any evidence that I received their letter. ))Therefore, we the panel of Imams at the Center for Islamic Counseling and Guidance have no choice but to grant Deborah Middleton her request. So we hereby grant the khula divorce effective this day((. 2.Is it possible to get Khula divorce without the knowledge of the husband and in his absence? 3.Is it possible to get Khula without talking with the husband about getting his Mahr back? The Islamic center did not inform me, they gave her Khula divorce in my absence and without my knowledge although my Private Address and my office Address well known. I did not get my Mahr back from her. I sent to my wife whichis living now in Saudi arabia asking her to visit an Islamic scholar or to the court in Riyadh to ask their opinion but she refused
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.
It is permissible for a wife to ask her husband for Khul’ or divorce through an e-mail or phone if she has a sound reason for doing so, but she is not permitted to ask for Khul’ or divorce without a sound reason.Thawbaannarrated that the Prophetsaid: “Any woman who asks her husband to divorce her, without a religiously accepted reason, the smell of Paradise is forbidden for her.”]Abu Daawood, At-Tirmithi and Ibn Maajah[ Moreover,Thawbaannarrated that the Prophetsaid: "The wives who ask their husbands for Khul’ )without valid grounds( are the hypocrites." ]At-Tirmithi[
As regards the ruling on Khul’ in the absence of the husband, then the juristsdiffered in opinion about the permissibility of issuing a ruling on an absent person. The majority of the juristsare of the view that it is permissible whereas the Hanafi School prohibited it. In addition to this, the husband should give his consent for Khul’, and the preponderant opinion of the scholarsis that Khul’ is not valid without compensation.
To conclude, the ruling of the authority which you mentioned in the question on initiating Khul’ is not valid if what you mentioned in the question is accurate. Therefore, we advise you to consult this authority which issued the Khul’ so that they would reconsider the matter.
Allaah Knows best.
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