'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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Respected Scholar, This further to my question ref:-2357206, As my
case in Islamic Court, I had issued Khula with conditions that 3 hours
custody and weekly meeting with my daughter. But my wife & in laws are
not agree over that? I am stick to my conditions. If we both )me &
wife( are stubborn to the said situation. Apparently my question, Qazi
Sb. may go for nullify the marriage )Faske Nikah( as the purpose of
marriage is not being taking place for 8 months? In the above
situation, what should I do in light of Islam? 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 Muhammad,
is His slave and Messenger.
You have already sent to us many questions about your issue and we
have responded to you with what is in conformity with the rulings of
the Sharee'ah in our view.
Since your case is presented to an Islamic judge, then answering it in
a Fatwa would be of no avail. If the judge issues his ruling, you
should agree and accept it. In principle, the ruling of a just
knowledgeable judge cannot be rejected unless there is a valid reason
as mentioned by the scholars.
Based on this, if there is a ground for appeal, then one may take the
case to a higher court so that it would reconsider the ruling.
Moreover, if the issue is a matter of Ijtihaad )a juristic opinion on
matters which are not specified in the Quran and the Sunnah(, then the
judge rules according to what he believes to be the preponderant and
correct view.
Allaah Knows best.
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