Divorce

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.

189117

Divorce . Woman . Court . Law . Shi'a . Khula

I was told by someone that the concept of Khul' does not exist in Shi'a Islam. The woman cannot obtain divorce and the divorces of Shi'a women who have gotten Khul' through court, in Islamic states, are invalid. Is this true?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 week ago

There are many types of Talaq in Islam of Ahlul Bayt (AS) including Khul'i Talaq.but the concept of Khul' is different between the Islamic rules and general public. Many people think that Khul' is divorce enforced with out any consent of approval of the husband. This is not the real meaning of Khul' in Islamic rules. Khul' is a type of divorce when the wife does not like to continue with her husband and offer him any amount to make him give her divorce. When agrees and takes from her what agreed upon for the Talaq, that Talaq is called Khul'i.

If the husband is doing injustice in his wife and not agreeing to divorce her, she can refer her case to the Islamic authority (Marje' of Taqleed) who takes three steps: 1. Ordering the husband to give his wife all her rights with out any injustice. If husband refuse then 2. Order the husband to give divorce to his wife. If refuses again then 3. The Marje' ' himself give Talaq to this woman to release her from injustice.

Wassalam.

188434

Wife . Divorce . Sexual . Menstruation

If a couple has not engaged in vaginal intercourse, only oral sex, does the husband need to wait until the wife's next menstrual cycle concludes before proceeding with a divorce?

Vaginal or anal intercourse is an intercourse which has the rules of Iddah and other rules in Talaq. If there was no intercourse at all neither vaginal nor anal, then is no rules of intercourse and husband then can go ahead with divorce with all other conditions and he does not need to wait until his wife;s menstrual cycle concludes.

Wassalam.

Wife . Divorce . Sexual . Menstruation

If a couple has not engaged in vaginal intercourse, only oral sex, does the husband need to wait until the wife's next menstrual cycle concludes before proceeding with a divorce?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 3 weeks ago

Bismihi ta'ala

No, the husband does not need to wait.

And Allah knows best

188431

Divorce . Khula

Is it permissible for me to seek a divorce - Khulla - after marrying a foreigner who left immediately after our Nikkah and never returned, especially since I have valid reasons for wanting to separate and have not obtained a visa?

You can refer to the Wakeel if the Marje; of Taqleed in your area and explain to him your situation. You can ask your husband to divorce you or give an attorney to some one to divorce you. If he refused, then the Marje's Wakeel will take the matter.'Wassalam.

188097

Husband . Wife . Sexual . Divorce . Menstruation

If a husband divorces his wife during a period of purity when he has had sexual relations with her and then takes her back, is this considered a valid divorce and reconciliation, even if two witnesses are present for the divorce?

Bismihi ta'ala

If he divorced while she was pure, but had sex with her as well during that time, prior to reciting the divorce, or after, the divorce would not have been valid.

Divorce needs to take place after a wife has her cycle, and is pure (fi tuhr ghayr muwaqa'ah).

And Allah knows best.

188105

Zina . Divorce . Kaffara . Marriage . Woman

If a married woman commits Zina and sincerely repents, can she marry that man after a divorce or widowhood? Are there any atonement options or other measures she should consider?

Bismihi ta'ala

No, she cannot marry that man at all, and under any circumstance.

Of course, there is a slight difference of opinion among our esteemed jurists, so it is best for her to also confirm the fatwa of her Marja' taqleed.

And Allah knows best

186120

Parents . Divorce . Love . Du'a (Supplication)

Can you please provide me with a Dua that will help improve my parents' relationship, as they have been fighting a lot and talking about divorce lately?

1. Azaan أذان loudly makes the house more blessed and drives away evil from the house.

2. Reciting Sura Yaseen every morning is very useful in making the house more peaceful and more blessed.

3. Repeating Salawaat and Estighfaar is very useful.

4. Giving Sadaqa.

5. Repeating (YA GHFOURU YA WADOUD).

Wassalam.

181874

Divorce . Future . Husband . Wife . Shi'a . Sunni-Shi'a

Is divorce valid in the future according to Imami Shia such as if a husband informs his wife that she is divorced when she is pure or within the next three months?

No. Such divorce is invalid and has no value at all.

Divorce has strict conditions including two pious men to witness the declaration of the divorce. No divorce can be for a future date at all.

Wassalam.

181327

Society . Marriage . Divorce . Zaynab bint Jahsh

Why are divorced women often stigmatized and why do Muslim men hesitate to marry them, despite the Prophet (saws) marrying Zainab after her divorce from Zaid, his adopted son, as mentioned in the Quran?

Bismihi ta'ala

Unfortunately, this is among the very negative practices we have in our societies, and it definitely is dhulm to some women. We must strengthen our marriages, especially the culture of correct spouse selection, but also increasing our level of tolerance, to avoid divorce.

We must also try to educate people that there is nothing wrong with marrying a divorcee. They might have gone through a bad experience, or made wrong choices, or matured from their previous relationship.

In all, a lot needs to be done to improve our state, to adopt Islamic teachings in its best form.

And Allah knows best

169735

Wife . Divorce

Is performing Wazifa allowed in Islam? If allowed, is there any Wazifa which can help returning a very upset wife and saving marriage from divorce?

Wazifa means certain recitations from Quranic verses and words and supplications of the Prophet (SAWA) and Ahlul Bayt (AS). It is very good to perform Wazifa narrated through authentic chain of narrators from Ahlul Bayt (AS).

For saving marriage it is good to repeat Salawaat, Estighfaar and La Hawla Wala Qowwata Ella Billah.

'It is also useful to repeat: (YA GHAFOURU YA WADOUD) 100 times after every Salaah.

Also to recite this Quranic supplication: RABBI LA TATHARNI FARDA WA ANTA ARHAMUR RAAHIMEEN.

'Wassalam.

177744

Divorce

What are the conditions for divorce? When is it permissible or advised to seek separation?

Bismihi ta'ala

Conditions for Islamic divorce according to Shi'ah law are:

1. Wife is outside of her menstrual cycle, not having had sex with husband since previous cycle.

2. Having agreed on type of divorce.

3. There be a minimum of two strictly religious, pious, righteous men. Physically present to witness the reciting of the formula of divorce.

4. The husband reciting the formula of divorce in formal Arabic, with correct pronunciation, or authorising someone else to conduct it on his behalf.

5. If wife is forfeiting, she must also authorise.

For detailed information, read:

https://www.sheikh-alsalami.org.au/2017/10/23/divorce-service-english/

As for when is it permissible, if all avenues have been exhausted, and it has reached to irreconcilable stage, then wife/husband can divorce.

And Allah knows best.

76114

Parents . Mother . Divorce

I am 14 years old and my parents are getting divorced. My mother wants me to stay with her and she keeps reminding me about the power of a mother's Du'a so that I would not hurt her feelings. How should I choose which parent to stay with?

Rebecca Masterton, Dr Rebecca Masterton graduated with a BA in Japanese Language and Literature; an MA in Comparative East Asian and African Literature and a PhD in Islamic literature of West Africa. She has been... Answered 6 months ago

I am sorry that you are having to go through this at your age. Firstly, you should not have to choose to stay with any parent. Being pressured to stay with one parent or another today constitutes as emotional abuse. If you have a good relationship with your father, then you are not under any obligation to stay with your mother. The fact that she is using religion to threaten you and coerce you into staying with her is disturbing, and implies possibly a history of emotional manipulation. There are now many helpful videos on youtube on how to handle emotional manipulation by parents, such as 'The Cra**y Childhood Fairy' and Jerry Wise. Emotional manipulation can damage a child for life, so you need to learn to make sense of what is happening to you and how you can handle it effectively in a way that maintains your self-protection and healthy mental and emotional growth.