Share::- :right:
- -
- -
Question
A woman lives in a non-Muslim country; her husband does not pay the rights to his wife and does not live with her, he also does not divorce her. Is the woman allowed to go to a non-Muslim court for divorce, if court decide the separation, can she marry?
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
As long as a husband and a wife are Muslims it is not permissible for either of them to choose a non-Islamic court as arbitrator between them neither in the case of divorce nor in any other case. They have to bring their case in front of an authentic Muslim scholar or to a reliable Muslim authority which is able to make a decision in such cases. If this authority after considering the case makes a decision of divorce then both the husband and wife should accept it. If a husband refuses to accept the Islamic ruling and his wife suffers from his refusal then she should bring her case before the Islamic authority )i.e., a scholar or a Muslim authority(.
If they advise her to plead in a non-Islamic court, then she could bring her case in a non-Islamic court to avoid possible harm. The Muslim scholars have agreed that when a complete justice does not exist, the closest form of justice to complete justice should be achieved to protect people's rights.
We advise the husband and wife to fear Allah. A husband should know that Allah grants him the right of divorce since he is protector and sustainer of his wife. Allah never likes abuse of this power as to cause harm to a wife. Whoever rejoices in his power should remind himself of The Power of Almighty Allah and fear His Punishment.
Though divorce is permissible in Shariah, one should not use it except in the time of necessity. For example, the relations between spouses become harsh and they no longer can live a happy life.
It is prohibited for a husband to leave his wife as if hanging in the air, neither a wife who enjoys her conjugal life, nor a divorced woman who can marry any other man.
May Allah Guide all of us to what He likes and pleases Him.
Allah knows best.
:: Share :: 
PUBLISHER
Najimudeen M
- -
- -
Question
Can a Muslim woman obtain Khula or Divorce from United States Court?
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. Khula' and )Talaq( divorce are from among the Fiqh rulings that are related to Nikah )marriage(. Each one has its own words, phraseology, rules and effects. No one can know these details except Muslim scholars and jurists who have specialized in Sharia or those who put rules of Islamic Shariah into practice among people. We advise you and all other Muslims who are facing such a problem to refer to the Islamic centers or Mosques to solve their problems. Afterwards, there is no objection if you want to authenticate it )a decree concerning Nikah , divorce or…(from the local authorities for any advantage. Allah knows best.
:: Share ::
- PUBLISHER
NajimudeeN M
- -
- -
Question
When can a woman ask for divorce?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
A wife is required to be patient with her husband and to treat him kindly, since this is her duty.
The Prophet )Sallallahu Alaihi wa Sallam( said:"If a woman performs the five daily prayers, fasts, the month of Ramadan, keeps her chastity and obeys her husband, it will be said to her: enter Paradise through any of its gates you wish". ]Ahmadfrom'Abdul Rahman Ibn 'Auf[. The Prophet )Sallallahu Alaihi wa Sallam( also said:"Had I ordered one to prostrate to another, I would have commanded a woman to prostrate to her husband". ]al-Tirmizi[.
So, a woman is not allowed to ask her husband to divorce her without a genuine reason such as impotency, ill-treatment, etc... In fact, she is required to honor the strong bond of marriage since the Prophet )Sallallahu Alaihi wa Sallam( said:"A woman who asks her husband to divorce her without a legal reason, the Paradise scent will be forbidden for her". ]As-Haab al-Sunan from Thawban[.
But, if she finds no way to gain the love of her husband and in turn to love him, and she fears violating Allah's Orders, then she can seek al-Khul' )i.e. divorce in return for monetary compensation to be paid by the wife to the husband(.
ImamIbn Qudamah)may Allah's Mercy be upon him( said: 'By and large, if a woman hates her husband due to some defect in his character, religion or body, and she fears neglecting his rights on her, then she is allowed to seek al-Khul'.
Allah Says )interpretation of meaning(:}…. Then if you fear that they would not be able to keep the limits ordained by Allah, 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[.
In the same vein, the wife ofThabit Ibn Qaiscame to the Prophet )Sallallahu Alaihi wa Sallam( and asked him:"O Allah's Messenger! I do not carp atThabitconcerning 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 back to him'; and the Prophet )Sallallahu Alaihi wa Sallam( orderedThabitto divorce her". ]Reported by Imamal-Bukhari[.
Allah knows best.
:: Share ::
- PUBLISHERNajimudeeN M
free software, wallpaper, mp4, news, search box, google yahoo mail and many more downloads - OPEN & USE
