Fathwa, - Ruling on Khul' under coercion

Share ::-

:->










Question
Slam,i am 26 years old..i had nikah with my cousin in court 3 months ago in the presence of 2 witnesses and molana sahb.we both love eachother with our souls..i spent time with my husband and we had physical relationship as well.i was damn sure that i would made my parents accept this nikah later but when my parents came to know about it they threatend me to kill me and my husband and presurrised me to demand khula or else they would kill me and my husband..i asked for khula for sake of life of my husband and he unwillingly sent me divorce papers..now kindly tell me is this khula valid?)i was having my mensus on the day i received divorce paper(kindly give me precise answer about validity of khula and iddat of khula and remarriage with my husband after khula..thank you
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, you should know that ]the consent of[ the Wali )woman's guardian( is a condition for the validity of the marriage contract according to the view of the majority of Islamic jurists. However, if the marriage contract is conducted by an Islamic judge, it is a valid marriage as stated by the jurists.
Ibn Qudaamahsaid after mentioning that the marriage is not valid without a Wali: “If the )Islamic( judge rules that this ]marriage[ contract is valid, or if the one who conducted it was the judge, it cannot be invalidated. The author ofAl-Muhaththabsaid: “If the marriage contract is held without a Wali, and the judge ruled that it is valid, then there are two views on this: the first view is that his ruling is invalidated as it runs counter to a prooftext, namely the Hadeeth narrated by ‘Aa’ishah, which was mentioned earlier. The second view is that it is not invalidated and this is the correct opinion, because there is a difference of opinion ]about the prerequisite of Wali[.” ]End of quote[
For more benefit on the conditions of marriage, please refer to Fataawa83629and130284.
If Khul’ is issued under coercion, it does not take place as we have clarified in Fatwa205168. The coercion under which Khul’ does not take place is if the person who threatens is able to carry out the threat and there is probable cause to believe that he will carry it out.
Also, Khul’ during menses is not forbidden according to most of the scholars, rather it is effective regardless of whether or not it is forbidden )i.e. even if we presume that it is forbidden according to some scholars(.Shaykh Al-Islam Ibn Taymiyyahsaid in his Fataawa: “...It is for this reason that most scholars are of the view that Khul’ in menses is permissible, because according to the statements of the scholars of Hadeeth, it is not a divorce but an irrevocable separation." For more benefit, please refer to Fatwa157463.
As regards divorce during menses, it is contrary to the Sunnah and forbidden, but it takes place according to the strongest view of the scholars; and it is the view of the majority of the scholars as clarified in Fatwa81864.
On the other hand, according to the view of the majority of the scholars, the 'Iddah )waiting period( of a woman in Khul’ is like the 'Iddah of a divorced woman. Besides, Khul’ is one irrevocable divorce, so if it is an irrevocable divorce with minor separation, it is permissible for the husband to take back his wife with a new contract and a new dowry – even if this is during the waiting period.
Al-Kaafi,which is a book of the Hanbali School of jurisprudence reads: “In case a woman is given Khul' which counts as one irrevocable divorce, her husband may explicitly or indirectly propose to her, as he is permitted to marry her during her waiting period, because his sperm would not be mixed with another man's sperm ]since the 'Iddah is there so that two men's sperm do not mix[.” ]End of quote[
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - She is a new Muslim but got married to an innovator

Share ::-

:->









Question
Salamalakum, Im a convert and Sunni and I married a Shia. I contracted herpes after the birth of our son when I finished the postnatal bleeding. The dr told me that I got the herpes virus from the person I had sex with which was my husband. My husband denies it although I have caught him texting, talking and downloading porn to his phone. Can I ask for Khul? Now I have moved away from him and live with my kafr family. Life is difficult with them aswell I don't know where to go. Allah help me.
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, we advise you to be grateful and thankful to Allaah for allowing you to embrace Islam and following the truth. This is indeed a great blessing that requires thankfulness to Allaah.
The best way to be grateful for this blessing is to do whatever helps you to be firm and steadfast in the truth, like seeking beneficial knowledge, performing good deeds and befriending righteous and pious women. May Allaah allow you to do good and make you firm on the truth.
If a woman is harmed by her husband, she has the right to ask for divorce even in return for compensation; this is what is called Khul’. Please refer to Fatwa 89039.
You may seek the help of the Muslims and consult the Islamic centers in your country so that they would help you by relieving you from the harm either through divorce or Khul’, and they would help you to marry a righteous husband after your waiting period expires.
It is appropriate here to refer you to some Fataawa on our site which clarify the ruling of a Muslim woman marrying a man who has a different belief system than her own, so please refer to Fataawa 87880and 135573.
Finally, we have to alert that it is very serious for a man to talk to non-Mahram women and watch pornography, especially with regard to a married man, as the sin in this case is greater.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Islamic Articles, - In Praise of the Home-Maker

Share ::-

:->









It's an icy cold winter's morning sitting in the comforts of my home and enjoying a hot cuppa coffee. Suddenly feelings of inner contentment and serenity engulf me. It dawns on me - far too many women feel unimportant, unrecognised and apologetic for being full-time housewives. I prefer the term 'homemaker' - an infinitely better description of a tremendously important role. And so, as an occasion arises with its heavy demands on women, let us reflect upon the vital art of homemaking.
How special you feel in a home that is always open with a warm welcome. The kind of old-fashioned home with enough love to spare for outsiders, which beckons you to sit down and relax. In it you'll find a wise blend of order and flexibility.
A mother who doesn't fuss if her children and friends run in and out... who is never too busy to sit down for a chat with a friend, a confused teenager or lonely widow. Not that she isn't busy or creative. She probably is, but she recognizes one of the advantages of being Queen of the Home; of having flexitime, which allows her to set aside plans in order to help someone in need, or to rush into the garden to share a small wonder with a child.
Lifestyles and options are changing. Many women need, or prefer to work. But full-time home making is a career option, which allows you to make of it what you will. It requires many skills ranging from communication and management to cookery and economics. She'll find time to listen to her family, to friends young and old, rendering invaluable emotional "first-aid."
A good homemaker knows the home is the heart of society - a place where family and friends can be nurtured. In swiftly changing times it can be provide a sense of security and continuity where children soak up happy experiences and memories that will affect their whole lives.
If you're a bride, anticipate your career as a homemaker with joy. If you're a mature woman who has spent years learning the art of home-making, never be apologetic about being 'only a housewife.' Glow with pride at having chosen such a vital role.
I have come to value this 'way of life' through the will and grace of ALLAH TA'ALA by blessing me with a stay-at-home mother who showered me with guidance, compassion, generosity and love. And I in turn will do the same to my kids.
May ALLAH TA'ALA give us all women the faith of Aasiyah (Radhiyallahu Anha), purity of Maryam (Radhiyallahu Anha), love of Khadija (Radhiyallahu Anha), affection and knowledge of Aa'ishah (Radhiyallahu Anha), and the favour of being with them in Jannah. Aameen.

- PUBLISHERNajimudeeN M