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

Share ::-

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.







:: Share ::

- PUBLISHERNajimudeeN M

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

Share ::-

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.








:: Share ::

- PUBLISHERNajimudeeN M

Islamic Articles, - How Islam Has Protected the Rights of Woman - I

Share ::-

There are many proofs to confirm the fact that Islam is the real emancipator of the woman or the female from her slavery. To make this more evident, we will clarify how Islam protects the rights of the woman from the time she is a fetus in her mother's womb until she dies and meets her Lord.
1- Islam preserves the woman’s rights before her birth when Allaah The Almighty granted her, along with the man, succession to authority on earth, and made Hawwaa’ )Eve( may Allaah exalt her mention, share religious obligations with Aadam )Adam(, may Allaah exalt his mention. Allaah The Almighty Says )what means(:}And ]mention, O Muhammad[, when your Lord said to the angels, "Indeed, I will make upon the earth a successive authority."{]Quran 2:30[
2- Islam protects her humanity and has made her equal to man. Allaah The Almighty Says )what means(:}O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allaah is the most righteous of you. Indeed, Allaah is Knowing and Acquainted.{]Quran 49:13[ Also, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"Women are peers of men."
3- Islam protects her rights as one of the signs of Allaah The Almighty that necessitate praising Him. Allaah The Almighty says )what means(:}And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.{]Quran 30:21[
4- Islam protects her rights by making her a gift to mankind. Allaah The Almighty Says )what means(:}He gives to whom He wills female ]children[, and He gives to whom He wills males.{]Quran 42:49[
5- Islam protects her entity in society by considering her responsible for the establishment of virtue and the disappearance of vice on earth, through enjoining what is good and forbidding what is evil, just like man. In this way, she was made to carry the responsibility of religion and the call to Allaah as a trust for which she and man will be held accountable before Allaah The Almighty, who says )what means(:}The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give Zakaah ]obligatory charity[ and obey Allaah and His Messenger. Those - Allaah will have mercy upon them. Indeed, Allaah is Exalted in Might and Wise.{]Quran 9:71[
6- Islam protects the rights of the woman by deeming it foolish, if not sinful, to commit any transgression against her. Moreover, her arrival is a means of making the Muslim family rejoice. Allaah Says )what means(:
*}And when one of them is informed of ]the birth of[ a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide.{]Quran 16:58-59[
*}Those will have lost who killed their children in foolishness without knowledge and prohibited what Allaah had provided for them, inventing untruth about Allaah. They have gone astray and were not ]rightly[ guided.{]Quran 6:140[
7- Islam protects the rights of the woman when it stated that killing her, or the man, is like killing all of mankind. Allaah The Almighty Says )what means(:}Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption ]done[ in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely.{]Quran 5:32[
8- Islam protects the right of the woman when she is in her mother's womb. If her mother is divorced while she is still in her womb, it becomes due upon the father, in Islam, to spend on the mother during the period of pregnancy as shown in the following statement of Allaah The Almighty )which means(:}And if they should be pregnant, then spend on them until they give birth.{]Quran 65:6[
9- Islam protects the right of the woman )when she is still a fetus(, that no corporal punishment should be executed on her mother while she is still pregnant lest she should be affected. When Al-Ghaamidiyyah )a woman who committed adultery( came to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and said to him, "O Messenger of Allaah, purify me )by executing the corporal punishment prescribed for adultery on me(.” He said to her:“Not until you deliver what is in your womb."
10- Islam also protects the right of the woman as an infant. When Al-Ghaamidiyyah gave birth to her child and returned to ask for the corporal punishment )prescribed for adultery( to be executed on her, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said to her:"Go and suckle your child until he is weaned."
11- Islam protects the right of the female as a newborn in terms of spending and clothing as shown in the statement of Allaah The Almighty )which means(:}Upon the father is the mothers' provision and their clothing according to what is acceptable.{]Quran 2:233[
12- Islam protects the right of the young female as it deems her as being in the period of rearing that extends for some years )after suckling(, and enjoins upon the husband spending her mother during that period given the general evidence in support of spending on children.
13- Islam protects the rights of the woman in inheritance in general, whether she is young or old. Allaah The Almighty Says )what means(:}But if there are ]only[ daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half.{]Quran 4:11[
14- Islam protects her right psychologically, spiritually and socially by making her equal to man in most religious obligations. This is shown in the Statement of Allaah The Almighty )which means(:
*}Worship Allaah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side, the traveler, and those whom your right hands possess. Indeed, Allaah does not like those who are self-deluding and boastful.{]Quran 4:36[
*}And those who believe and do righteous deeds - We will surely remove from them their misdeeds and will surely reward them according to the best of what they used to do. And We have enjoined upon man goodness to parents. But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them. To Me is your return, and I will inform you about what you used to do. And those who believe and do righteous deeds - We will surely Admit them among the righteous ]into Paradise[.{]Quran 29:7-9[
*}Indeed, Allaah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded. And fulfill the covenant of Allaah when you have taken it, ]O believers[, and do not break oaths after their confirmation while you have made Allaah, over you, a witness. Indeed, Allaah knows what you do.{]Quran 16:90-91[
*}Do not make ]as equal[ with Allaah another deity and ]thereby[ become censured and forsaken. And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age ]while[ with you, say not to them ]so much as[, "uff," and do not repel them but speak to them a noble word. And lower to them the wing of humility out of mercy and say, "My Lord, have mercy upon them as they brought me up ]when I was[ small." Your Lord is most knowing of what is within yourselves. If you should be righteous ]in intention[ - then indeed He is ever, to the often returning ]to Him[, Forgiving. And give the relative his right, and ]also[ the poor and the traveler, and do not spend wastefully. Indeed, the wasteful are brothers of the devils, and ever has Satan been to his Lord ungrateful. And if you ]must[ turn away from the needy awaiting mercy from your Lord which you expect, then speak to them a gentle word. And do not make your hand ]as[ chained to your neck or extend it completely and ]thereby[ become blamed and insolvent. Indeed, your Lord extends provision for whom He wills and restricts ]it[. Indeed He is ever, concerning His servants, Acquainted and Seeing. And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. And do not kill the soul which Allaah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in ]the matter of[ taking life. Indeed, he has been supported ]by the law[. And do not approach the property of an orphan, except in the way that is best, until he reaches maturity. And fulfill ]every[ commitment. Indeed, the commitment is ever ]that about which one will be[ questioned. And give full measure when you measure, and weigh with an even balance. That is the best ]way[ and best in result. And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those ]one[ will be questioned. And do not walk upon the earth exultantly. Indeed, you will never tear the earth ]apart[, and you will never reach the mountains in height. All that - its evil is ever, in the sight of your Lord, detested. That is from what your Lord has revealed to you, ]O Muhammad[, of wisdom. And, ]O mankind[, do not make ]as equal[ with Allaah another deity, lest you be thrown into Hell, blamed and banished.{]Quran 17:22-39[
15- Islam protects the right of the woman as Allaah The Almighty defends her Himself, and threatens to punish those who harm her, just like man. This is confirmed by the statement of Allaah The Almighty )which means(:
*}And those who harm believing men and believing women for ]something[ other than what they have earned have certainly born upon themselves a slander and manifest sin.{]Quran 33:58[
*}Indeed, those who have tortured the believing men and believing women and then have not repented will have the punishment of Hell, and they will have the punishment of the Burning Fire.{]Quran 85:10[
16- Islam protects the right of the woman, as Allaah The Almighty ordered His Messenger, sallallaahu ‘alayhi wa sallam, to seek forgiveness for her, just like the man. This is shown in the Statement of Allaah The Almighty )which means(:}So know, ]O Muhammad[, that there is no deity except Allaah and ask forgiveness for your sin and for the believing men and believing women. And Allaah knows of your movement and your resting place.{]Quran 47:19[







:: Share ::

- PUBLISHERNajimudeeN M