Fathwa, - Wife seeks divorce

Share ::-

- -

- -

Question
I would like to ask a question on a strange situation a couple who had been married for 4 months, had a huge argument and the husband leaves and they don't communicate with each other at all for 2 years accept on a few occasions, the form of contact was telephone conversations trying to solve the problem, the lady tries to get back with the husband to try and make a new start the man refuses, there is still lots of hate and anger...there is also a child who is 1 year old coming onto 2, the lady had asked for a divorce, the man refuses, the lady wants a divorce because she wants to be able to move on and get married, the man says to her you either pay me $10,000 or give me my boy back and I will give you a divorce, also when the lady had the baby her husband wasn't around he had been gone for some time by then, she called him and told him she is going to have a baby he didn't come back. And when she had it she asked him 2 at least come and visit he also refused… until the lady asked for a divorce he started asking for him back but not just to visit to keep and likely not let her see him, the lady doesn't have the money and will not give up the boy...can she divorce without the man?...can she remarry?...how do u solve the situation? The man is being very stubborn and arrogant so there is no way 2 compromises the lady cant just be trapped 4 the rest of her life in this or can she?
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.
Islam urged the husband and wife to have good marital relations. Allaah says )interpretation of the meaning(: }…And live with them honourably…{]4:19[.
The Prophetalso advised us to treat our wives well as he said: "Treat women kindly." ]Al-Bukhaari and Muslim[
However, it is very rare for martial life to be free from problems. But one should be wise in solving them, and learn from the guidance of the Prophetand his companionsin this matter.
We advise this wife to seek reconciliation, by appointing some of the wise men from her family and some from his family to look into the matter, may Allaah enable them to reconcile between them. Allaah says )interpretation of the meaning(: }If you fear a breach between them twain )the man and his wife(, appoint )two( arbitrators, one from his family and the other from her's; if they both wish for peace, Allaah will cause their reconciliation….{]4:35[.
It is not permissible for this husband to leave his wife in this suspended condition. She is not a widow and at the same time she does not have a husband. So he should either keep her and live with her honourably, or divorce her. If he does not do one of the above options, then it is permissible for her to take her matter to the Islamic court, if any, or to the Muslim community in case there is no Islamic court of Justice.
It is also not permissible for this husband to harm his wife by demanding that she gives to him a ransom without a sound religious reason. This is a kind of transgression; Allaah says )interpretation of the meaning(: }…and you should not treat them with harshness, that you may take away part of the dowry you have given them, unless they commit open illegal sexual intercourse….{]4:19[.
Moreover, it is not permissible for the wife to accept his demand; she should take the matter to whoever would be able to take her right from him.
As regards the fostering of the children, in principle it is the right of the mother if there is no deterrent, because in case of deterrence, the fostering of the children will be transmitted to whoever is more appropriate for it according to the classification mentioned by the Islamic Jurists.
There is no harm for this woman to remarry after her husband divorces her, or after the Muslim community, or the judge divorces her from him.
Anyway these issues are controversial, therefore, it is more appropriate to take the matter to an Islamic Court, if any, otherwise to an Islamic Centre or Islamic Foundation in order to hear from both parties and study all the aspects of the issue and its circumstances which would affect the ruling.
Allaah knows best.









:: Share ::

- PUBLISHERNajimudeeN M

Dought & clear, - She did ‘Umrah, then she got her period, and she has some questions

Share ::-

- -

- -

I hope that you can explain to me the ruling on these ‘Umrahs:
- The first ‘Umrah was a few years ago. I did ‘Umrah, then I got my period, but I do not remember whether that was during the ‘Umrah or afterwards.
- The second ‘Umrah: my family intended to do ‘Umrah, and I had my period, but I travelled with them and I do not remember what my intention was on that occasion. Then my family entered ihram at the miqaat, and I do not remember whether I entered ihram or not, or whether I had the intention that if anything prevented me (from going ahead with ‘Umrah) and I stipulated the condition of the period, then I travelled. My family did ‘Umrah, and I sat and waited for them until they had finished. What I remember is that I think I did not do ‘Umrah, but there is something not correct.
- The third ‘Umrah: I did ‘Umrah in the company of my sister and her husband, and I did ‘Umrah. What is the ruling on that?
- The fourth ‘Umrah: I intended to do ‘Umrah, then my family told me that we were going to go to another city, then do ‘Umrah. We set out from our city, without passing by the miqaat, and we stayed in the other city for a few days, then we decided to do ‘Umrah, but when I was doing ghusl I saw some blood (menses), and I do not remember what my intention was after that. My family went to the miqaat and entered ihram, but I do not remember what my intention was, whether I formed the intention or I mentioned menses (as an impediment to completing ‘Umrah) when forming my intention. My family went ahead and did ‘Umrah, whilst I waited for them.
- The fifth ‘Umrah: in sha Allah I did a proper ‘Umrah
What is the ruling on the previous ‘Umrahs? Do I have to do repeat them? Can I make them up in a single journey? Please note that I have received a marriage proposal; what is the ruling on that?
Praise be to Allah
- With regard to the first ‘Umrah, concerning which you did not remember whether the period came during it or after it, it is a valid ‘Umrah, because the basic principle with regard to acts of worship is that they are sound, and uncertainty after having completed an act of worship does not matter.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: Doubt or uncertainty after having completed an act of worship does not matter. For example, if a person is uncertain as to whether he did five or six circuits of tawaaf, we say: if he is still in tawaaf, let him do what he is uncertain of, and that will be the end of the matter. If it is after he has finished tawaaf and he has left (the mataaf), and he says, “By Allah, I do not know whether I did six or seven circuits,” that uncertainty does not matter; he should ignore this doubt and regard it as seven.
This is a very useful principle; if a person has a lot of doubt and uncertainty, he should not pay any attention to that. If the uncertainty arises after he has finished an act of worship, he should not pay any attention to it, unless he is certain. If he is certain, then he must do that which he had omitted.
End quote fromFataawa Noor ‘ala ad-Darb
- With regard to the second ‘Umrah, as you cannot remember whether you entered ihram and did ‘Umrah or not, you do not have to do anything about it. The basic principle is that you are free of obligation, so do not pay any attention to these doubts.
- With regard to the third ‘Umrah which you did with your sister and her husband, it is a valid ‘Umrah, but you did a mistake by travelling to Makkah without a mahram, so you have to repent and seek forgiveness. The Prophet (blessings and peace of Allah be upon him) said: “No woman should travel except with a mahram.” Narrated by al-Bukhaari, 3006; Muslim, 1341
Please see the answer to question no. 316, 6057
- With regard to the fourth ‘Umrah, we say concerning it what we said concerning the first and second ‘Umrahs, which is that you should not pay any attention to this uncertainty, because the basic principle is that you are free of obligation.
To sum up, you are now free of obligation, and you do not have to repeat any of these ‘Umrahs.
However we should point out that what you should have done is to ask about matters that affected your acts of worship at the time when it happened, and not delay doing so. Rather you should hasten to find out what you need to know about acts of worship, and hasten to do that which is required of you. We also advise you not to pay attention to doubts and waswaas (whispers from the Shaytaan), and not to let them affect your worship, otherwise it will ruin your entire life, for the Shaytaan is eager to make the believer feel sad. So turn away from him and his traps, and seek refuge with Allah from him. We ask Allah to help you to remember Him, be grateful to Him and to worship Him properly.
And Allah knows best.








:: Share ::

- PUBLISHERNajimudeeN M

Dought & clear, - He incited a woman toleave her husband, then he married her and claimed that her son from her first husband was his child

Share ::-

- -

- -

A man encouraged a woman to run away from her husband, with whom she had a child. She went to the court and got divorced from him by means of khul‘, then after that, that man married her and claimed that the child was his and not the child of the first husband.
What is the Islamic view on this matter?
Praise be to Allah
Firstly:
What this man did of encouraging the woman to run away from her husband and get divorced from him by means of khul‘ is a haraam action and a grievous sin. It is not permissible for a Muslim to propose marriage to any married woman, or to turn her against her husband, even if that is not with the aim of marrying her and he has no interest in her, no matter what the reason. A stern warning concerning that was narrated in the hadeeth of the Prophet (blessings and peace of Allah be upon him): “He is not one of us who turn a woman against her husband.” Narrated by Abu Dawood, 2125; classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Secondly:
What the woman did of getting divorced from her husband by means of khul‘ with no good reason is also the subject of a stern warning, in the hadeeth in which the Prophet (blessings and peace of Allah be upon him) said: “Any woman who asks her husband for a divorce with no good reason, the fragrance of Paradise will be forbidden to her.”
Narrated by at-Tirmidhi, 1187; classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Thirdly:
Because of the crime that they have committed and the abhorrent nature of what they have done, some of the scholars are of the view that if a man turns a woman against her husband, it is not permissible for him to marry her; rather it is permanently forbidden for him to marry her. This is the view of the Maalikis. However, the majority of scholars think that the marriage is valid, despite the sinful nature of their actions.
Fourthly:
It is not permissible for this man, or anyone else, to claim the child of another man as his own; rather this comes under the heading of lies and false declarations, transgression against the rights of others and corruption of lineage, and it leads to serious evil consequences. For that reason, Allah has forbidden adoption (in the sense that the adopted child is claimed as one’s own flesh and blood) and claiming the child of another as one’s own, even if the birth parents agree to that or his father is not known. So how about if he usurped the child and falsely claimed him as his own? This is even worse and even more abhorrent.
Allah, may He be exalted, says (interpretation of the meaning):
“Allah has not put for any man two hearts inside his body. Neither has He made your wives whom you declare to be like your mothers backs, your real mothers. (Az-Zihar is the saying of a husband to his wife, ‘You are to me like the back of my mother’ i.e., You are unlawful for me to approach.), nor has He made your adopted sons your real sons. That is but your saying with your mouths. But Allah says the truth, and He guides to the (Right) Way.
Call them (adopted sons) by (the names of) their fathers, that is more just with Allah. But if you know not their fathers (names, call them) your brothers in faith and Mawaleekum (your freed slaves). And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever Oft-Forgiving, Most Merciful.”
[al-Ahzaab 33:4-5].
What they must do is fear Allah and repent to Him from these sins: his sin of turning a woman against her husband and her sin of obeying him in that and getting divorced from him by means of khul‘, then his sin of claiming the child of another man as his own, and her helping that evildoer in his evil act and transgression. They should both beware of the wrath and punishment of Allah, and they should realise that Allah is severe in punishment and that He may or may not give a respite. Allah, may He be exalted, says (interpretation of the meaning):
“Consider not that Allah is unaware of that which the Zalimoon (polytheists, wrong-doers, etc.) do, but He gives them respite up to a Day when the eyes will stare in horror”
[Ibraaheem 14:42].
Muslim narrated in hisSaheeh(2583) that Abu Moosa (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Allah, may He be glorified and exalted, grants respite to the wrongdoer, but when He seizes him He will not let him off.” Then he recited:“Such is the Seizure of your Lord when He seizes the (population of) towns while they are doing wrong. Verily, His Seizure is painful (and) severe” [Hood 11:102].
And Allah knows best.







:: Share ::

- PUBLISHERNajimudeeN M