Fathwa, - Wife wants advice about getting a divorce

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Question
I am asking on behalf of a friend who would like to know if a woman is really unhappy in her marriage and her husband is not practicing Muslim and is doing all wrong things which affect her and her children has she the right to get a divorce. She has tried and tried to make it work by asking him to follow Allah's rules but he chooses his bad friends. He is born Muslim and she is convert. The latest thing being he came home and told her that he kissed one of his males friends for a bet, which is totally Haram. He mixes, is always out with friends while she is left with on her own. She does not want to get a divorce, but she would like to know, as he would not divorce her, if the situation got to terrible would she be able to get one. Hopefully, you will be able to give her some advice on this issue.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Islam insists that marital life should remain strong and united. That's why there is a severe threat for a woman who asks for a divorce without a sound religious reason.
The prophet )Sallalahu Alaihi Wa Sallam( said:"Any woman who asks her husband to divorce her without any harm,Paradisewill be forbidden for her."
Divorce is the last cure in Islam. It should take place only if the continuation of marital life on suitable terms is no longer possible.
Therefore, it would be more appropriate for your friend to try to reconcile with her husband and she has to advise him in good manner with soft words, choosing the appropriate time when he is relaxed and can concentrate. She has to remind him about Allah, and the rights of his children on him, regarding their education and care, and providing for them with Halal money. She has to supplicate to Allah as much as possible to guide him, )may Allah bring him back to righteousness.(
However, if he still persists in wrong doing, and she definitely thinks that if she stays with him she and her children will be more harmed than benefited in their marital life, then she can ask him to divorce her, and there is no harm on her and she is not affected by the threat stated in the Hadith mentioned above, because she asks for a divorce because she is harmed.
If he divorces her, then this is what is required, if not she can take her case to a Muslim judge, if any, or to the Muslims in the country where she lives to study her case and decide what is best.
Allah knows best.







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Fathwa, - Wife seeks divorce

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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.









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

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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.








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