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Saturday, October 26, 2013

Fathwa, - A husband saying to his wife 'You c..

Question
1(If a man says to his wife: "If you do not want to be with me, then
you can divorce me, I do not intend to divorce you" And then the woman
says, "you can be sure that I take from you a divorce" But they both
thought that it was all the same to what she says it does not matter
because the woman can not take a divorce. Neither of them did not know
that a man can give a woman the right to divorce . So, this woman did
not mean that she now divorce from her husband, because she did not
ask for a khul . Her words were threats that she intends to divorce in
the future.What is ruling? 2( And another question ..If a man says to
his wife, I divorce you . But he means in the future . and both
understand that he means it in the future. What is ruling?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that
there is none worthy of worship except Allaah, and that Muhammadis His
slave and Messenger.
These words that were exchanged between that husband and his wife do
not lead to divorce as long as they did not intend divorce by saying
them.Qalyoobisaid in his Haashiyah: "Among the cases of giving the
wife authority to divorce herself is the clear word of divorce if it
is attributed to other than its proper person; like if he )a husband(
said to his wife: 'divorce me' or 'I am divorced from you', and she
said 'I divorce you', then if he had intended to give her authority to
divorce herself and she intended divorce, divorce is effective,
otherwise it is not."
Besides, if a man says to his wife 'I divorce you' intending divorce
in the future, then this does not lead to divorce as it is like a
promise )of divorce(;Shaykh Ibn 'Uhtaymeensaid in his book Ash-Sharh
Al-Mumti' a'la Zaad Al-Mustaqni': "His )Al-Hijjaawi's( statement
)about uttering divorce( 'in the present tense' like saying 'you are
being divorced' does not lead to divorce as it is a report which
indicates that she will be divorced )in the future(, while divorce is
in the hands of the husband. But if the husband intended the present
)i.e. initiating divorce on the spot(, then she is divorced as the
present tense )in the Arabic language( could refer to both the present
and the future."
For more benefit on the fact that uttering divorce in the present
tense is a promise of divorce and it is not effective unless the
husband intends divorce on the spot,Allah Knows best.

Fathwa, - Divorce after 'Iddah isof no signi..

Question
Salaamualaikum; Am a Hanafi sunni Muslim, I had given TALAQ telephonic
to my wife on 5th February 2013 )She was nor on menstrual periods
neither pregnant( , later in due time of three menstrual period of
her, I did not said or done any RUJU )we were staying in two different
cities in due time(, after completion of 3 months from the date of
TALAQ pronounced, I asked her to marry me and settle the issues, but
she didn't agreed and our fight continued. Later On the 8th July 2013
I wrote her email writing entire happening among us and the reason for
first TALAQ; and in last line of email I wrote" I am giving you "TALAQ
TALAQ TALAQ" ". Now the query is what is the status of my TALAQ
according to sharia in the light of Quran and Hadeeth?? Weather it is
considers as only one TALAQ OR its Consider as a 3 TALAQ?? The 2
Muftis had confused me saying one as Triple Talaq had hapend and other
one as it's a only one talaq. Kindly clarify in detail to forward the
same message to our Muftees. 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.
If the matter is as you mentioned in the question that the waiting
period from the first divorce had elapsed by the expiry of three
menses, then this woman is no longer your wife, and she is a
non-Mahram to you. So the three divorces which you initiated are of no
significance and they are not taken into account because you initiated
divorce to a woman who was not your wife.Allah Knows best.

Fathwa, - Step-brother is not a Mahram to his..

Question
Salam alaikum I have a grown up girl of 12, and i am considering
marriage to a man who has joint custody of his 13 yr old son. This
means his son will stay 4 days with him. What is the ruling behind the
situation esp if the son will be living int eh same house as my
daughter who would be a step sisters. jazakalla khair i look forward
to recieving your answer
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 Muhammad,
is His Slave and Messenger.
If you marry that man and he has a son from another wife, then his son
is a non-Mahram )marriageable man( to your daughter, and thus it is
not permissible for them )i.e. his son and your daughter( to be in
seclusion with each other or to mix together in a suspicious manner.
Rather, they have to be considered strangers to each other.
Allaah Knows best.

Story, - Love makes life beautiful

My love story starts different stages and diffrnt roles. Love give
both happy and painful, but love is so great why?
Every men and womens love at certain age i.e feeling in u r heart.
Love is told somebody infactuation and attraction. This is also true
but somebody love strong both oneside and twoside love. Her and him
wait untill success them love.
Love will do but luv is not life. My love story starts at studying
eighth class, her so beautiful, but i dont know what is love, every
day i will seen in class room and followed. She also looks this
process up to ningth class. I will join another school but but i don't
proposed some feeling in my heart every day remembering and feel some
days. This love end.
Intermediate no can do love, not coeducation, i interested on study.
Am studying average. Next love begin in engineering. One girl chose, i
will do sincerly, me only luv not her. She don't know luv to him. I
cant prpose in b.tech, after i prpose but her told u not like