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.

108991

Wife . Children . Divorce

I understand that Islam forbids any unnecessary contact between a divorced couple. Is it allowed for an ex-wife to be invited to family events in your presence for the sake of the children from the earlier marriage?

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 2 weeks ago

Bismihi ta'ala

There is no Islamic ruling that forbids contact between an ex husband and wife. Yes, they become non-mahram to each other, but their parent-in-laws do stay mahram to them. This means that although he is divorced, his mother-in-law still stays mahram. And the same for the ex-wife as well.

It would be the best thing for ex-partners to stay civil and have good conduct towards each other. It does not need to be hostile and a battle. The ex might be uncomfortable in the presence of their ex, that is understandable, but it is not forbidden or haram to have common interaction, like between any other non-mahram, along with observing the correct shar'i boundaries as well.

However, if there are children from that relationship, it would be necessary to have a positive and healthy relationship, or at least neutral and not hostile in any way. If there is a certain event that would bring both together, or a family gathering, or something of that kind, then it is absolutely fine to be there. You have a choice of attending, or excusing yourself. Whether you wish to interact or not, that is completely up to you.

It could be the case that there was violence in the relationship, for example, and therefore the ex-wife would not be comfortable at all in being in the same place as the ex-husband.

In any case, to answer your specific question, yes, it is allowed for her to accept the invitation, bearing in mind everything else I have mentioned.

And Allah knows best.

108990

Divorce . Husband . Menstruation

Is a Khulah an instant divorce or could my husband reconcile with me before the waiting period is over?

Bismihi ta'ala

This question has already been answered. See:

https://www.al-islam.org/ask/if-i-was-granted-a-khulah-and-my-husband-wa...

109205

Nature . Divorce

What is the nature and amount of financial support that should be paid to one's divorcée?

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 month ago

The divorcee must get from her husband all her livelihood expenses for the whole period of Iddah. There is no fixed amount as it depends on the cost in the place where they live in.

Wassalam.

108740

Husband . Divorce . Menstruation . Marriage

If I was granted a Khulah and my husband wanted to reconcile with me before the waiting period is over, can he do that and will we still be married?

Bismihi ta'ala

If the type of divorce was a khul'i divorce, you are able to return during the 'iddah period, but with a new marriage contract. This means you will need to perform a nikah ceremony, along with its requirements.

That is the fiqhi answer, but of course it would be highly recommended for both sides to contemplate on what led to the initial divorce, and how healthy it is to rush back in so quickly. Establishing boundaries, putting conditions and understanding what needs to improve on both sides is extremely necessary in order to eliminate previous problems and happily live together.

And Allah knows best.

108041

Woman . Divorce . Iddah

If a woman gets a Khulah, what is her waiting period considering the fact that she had a total hysterectomy and cannot have any children?

Bismihi ta'ala

As long as she is under the age of "ya`s" or shar'i menopause, then she must observe 'iddah, which for her is not three menstrual cycles, but rather three full months.

In fiqh, a woman who is in the age of menstruating, but does not menstruate, she is referred to as mustarabah. Of course, it would be a good idea for her to refer to the specific view of her Marja' taqleed.

And Allah knows best.

85412

Parents . Divorce . Sin

If parents force a girl or boy to give divorce or separate from their spouse, will that be considered a legitimate divorce? Will the parents be considered sinners?

Forced divorce is not valid in Islam just like forced marriage or any forced agreement or deal.

It is sinful to force someone to divorce his/her spouse with out valid reason which must be based on religion and not on personal or worldly matters.

Wassalam.

105810

Divorce . School . Sunni-Shi'a

What is the correct way to perform the divorce according to the Shia school of thought?

Divorce is the most disliked act although it is allowed when it does not involve injustice.

'There are conditions for valid divorce, e,g, Wife should not be during her monthly period of menstruation, nor during purity days when she has had sexual intercourse with her husband. Husband should not be forced or under pressure to divorce his wife. Two pious witnesses who witness the declaration of divorce by the husband or his attorney.

There is no three Talaq in one time at all.

Wassalam.

104601

Divorce . Qur'anic Verse . Qur'an . Polygamy

Does the verse 66:5 in the Quran apply to specific wives and, if so, which ones? Why did the Prophet (SAWA) not divorce them for better wives?

The two wives who were condemned in the verses 3, 4 and 5 in Sura 66 are Hafsa daughter of Omar and 'ayisha daughter of aabu Bakr. This fact is mentioned in Tasfeer al-Tabari and Tafseer al-Qurtubi, and all other Tafseer books.

Why did the Prophet not divorce them? Allah (SWT) wanted to make them a test for verifying the faith and obedience of Muslims. They became the leaders of the enemies of imam Ali (AS) especially in the battle of Camel. Real believers followed Imam Ali (AS) while many Muslims went astray by joining the army of A'yisha to fight against Imam Ali (AS).

Distinguishing good Muslims from others needed a leadership for the good Muslims which is the leadership of Imam Ali, and a leadership for others which was A'yusha, Hafsa and their group.

Wassalam.

104983

Husband . Divorce . Islam

I have been separated from my husband for almost 6 years. Will I still need to seek an Islamic divorce from him if he is not Muslim and denounces Islam?

If you have a concrete evidence that he is non Muslim, there is no marriage bond between you as a Muslim woman and him as non Muslim. When there is no marriage, there will be no question of divorce.
From the time of his becoming non Muslim, the marriage between you and him did end and it became null and void.

After four months and ten days from that date, you will be free to marry a Muslim man if you want.

Wassalam.

100510

Husband . Anger . Divorce

If a husband divorces in anger by saying Talaq thrice in front of his wife's mother and a daughter of her sister then is that Talaq valid or not?

Not valid at all.

'Talaq has many conditions to be valid one of them is not be in anger and must be witnessed by two pious men and many other conditions.

'Wassalam.

99934

Husband . Children . Divorce

My husband lives abroad and does not even attempt to come and see us and has never given anything to his children. Do I have the right to ask for Talaq from him?

Husband is responsible to pay for all livelihood expenses of his wife. This responsibility is part and parcel of the marriage agreement. If he fails to pay for his wife's livelihood expenses, she has the right to ask for all the unpaid expenses which remain as a debt on him. She will also have the right to ask the Marje of Taqleed or his deputy to diverge her if her husband insists on not giving her her livelihood expenses.

'All the expenses of his children is responsibility of their father.

'Wassalam.

99933

Husband . Cheating . Divorce

My husband doesn't let me see his phone anymore. So I am suspicious that he might be cheating. Should I contemplate divorce and spy on him to see if my suspicions are baseless?

Amina Inloes, Amina Inloes is originally from the US and has a PhD in Islamic Studies from the University of Exeter on Shi'a hadith. She is the program leader for the MA Islamic Studies program at the... Answered 5 months ago

People have a right to privacy, and he has a right to privacy just as you have a right to privacy. There could be any number of reasons, other than cheating, why he wishes to keep his phone private. Sometimes pushing people in these things can lead to greater conflict.

Also, when people communicate via WhatsApp, etc, there is generally an assumption that the conversation is private. (Whether or not it involves cheating) For a third party to read it is also a violation of the other person's privacy, especially if they are talking about sensitive things like personal problems, work problems, legal problems, etc. So it is really not appropriate to read someone else's private conversations. Certainly if I talk to someone on one of these platforms, I don't expect their spouse to be reading it (regardless of their gender).

Similarly, spying is not appropriate. Just as we wouldn't like to be spied on, we should not spy on others.

Might I suggest that if you are having the idea that he is cheating or contemplating divorce, it isn't really about the phone itself, but maybe there are other things that are bringing these thoughts to mind. So maybe it is good to address the current issues between you two (rather than focusing on what if questions). If he seems distant or something else, maybe there is something in the relationship between the two of you that could be addressed, if possible.