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Thursday, March 20, 2014

Fathwa, - Can Muslim woman get divorce in US court













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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.







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Fathwa, - Woman asking for divorce













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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.









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Personal, - The Inherent Differences Between Man and Woman - III



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Should there be equality in all rulings, given the differences in physique and competence, it would be a reversal of Fitrah )natural disposition(, and injustice against both the authoritative sex )men( and the other one )women( if not the entire life of human society, for in this case, it would result in deprivation of the fruits obtained from the capacity of being authoritative and, at the same time, the members of the other sex would be obliged to do what is beyond their capacity. Allaah The Almighty forbids that such injustice, even as much as the weight of a mustard seed, should happen in the Sharee‘ah of Allaah, who is the Wisest of judges. This is why these fine rulings ensure that the woman is provided for while she practices motherhood, maintains her house, and raises the future generations of the Ummah )Muslim nation(.
May Allaah have mercy upon the prominent scholar, Mahmood Muhammad Shaakir, who commented on the previously-mentioned statement of At-Tabari, may Allaah have mercy upon him, saying,
This is merely a type of false wishing and longing which the people of this age are contentiously involved in and misunderstand, and the only way to be saved from it is to have a sincere intention, a correct understanding of the nature of humankind, as well as to separate baseless false wishes from necessity, and to release oneself from the bond of blind imitation of the prevailing nations and from the captivity of the corrupt society which has dragged the nations of today into great turmoil.
However, some of the people of our religion, may Allaah guide them and mend their affairs, have been led astray, while assuming the mode of reform, and have confused what might reform their corruption by means of endeavor, thought and wisdom, with what would corrupt them. People have become radically excessive, and the resentful advocates of falsehood among them who are in charge of the press today have increased. Thus, tongues have spoken confused words, minds have fallen into chaos, and many people have slipped along with those advocates, to the extent that we have come to see some seemingly learned people who are of those of religious knowledge, say about this issue words from which every religious person should disassociate himself.
There is a huge difference between the state in which the life of the Ummah, with its men and women, is correct and pure from evil, disfigurement and ignorance, and the state in which the Ummah eliminates all the barriers between men and women and thus reduces itself to no more than false wishes that bring about envy and transgression with no just cause. Let me repeat the words of Abu Ja‘far, may Allaah have mercy upon him, “O Allaah, guide us to the straight path at a time in which the tongue has betrayed the mind. Let those who oppose the command of Allaah, and reject His fate in them beware lest a calamity would befall them and obliterate their remaining traces on earth as it obliterated the traces of those who were before them.”
Thus, this principle confirms the physical, moral and Sharee‘ah-recognized distinctions between man and woman.
The forthcoming principles will be established on this first one, since they would discuss the distinctions between them concerning adornment and Hijaab.








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