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.

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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 2 days ago

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.

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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 2 weeks ago

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. 

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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 2 weeks 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. 

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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 Prophet Muhammad (SAWA) divorced Hafsah Bint Omar as it is narrated in Sunni books like Sunan Abu Dawood 2283 and Ibn Maajah 2016, and An Nasaa'ee 3560, and Al-Mustadrak by Al-Nisaboori , volume 2, page 197 and Al-Albaani in al-Silsilah al-Saheeha, V. 5,npage 15.

'They narrated that the Prophet (SAWA) took her back after divorcing her.

It is also narrated that the Prophet Muhammad (SAWA) divorced Daughter of Al-Jawn who told him: I seek refuge of Allah from you. He also divorced daughter of al-Dhahhaak and Omaymah Bint Sharhabeel. All these three were divorced before the consummating of the marriage.

It is also narrated that Prophet Lut divorced his wife who insisted on disobeying Allah, and Prophet Esmael also divorced his wife who was complaining poverty when his father Prophet Ebraheem asked her. The narrations say that Prophet Ebraheem sent a message to his son Esmael to divorce his complaining wife and look for a wife who can tolerate his difficult life.

Wassalam.

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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 months ago

Bismihi ta'ala

From a fiqhi perspective, a wife is able to petition for divorce, and she can forfeit her mahr and request that her husband divorces her. 

However, in this specific case of the husband not able to make his wife pregnant, are there other underlying problems, or is it only this issue. If it is only this issue, what if it was the other way around, where the wife was not able to fall pregnant, would it be nice for the husband to divorce her on such grounds alone? 

There might be alternative options to take, and some patience as well. Of course, if there are other problems that contribute to the wife making such a decision, then that is something else, and she should consult her family and wise people.

With prayers for your success. 

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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 months ago

Bismihi ta'ala

The 'iddah period for an Islamic divorce is 3 menstrual cycles, or 3 months if a woman is within the age of menstrual cycle but does not menstruate, or delivery of a child if she is pregnant. 

The 'iddah takes effect and commences when the shar'i divorce is conducted. If the court divorce is also an Islamic shar'i court, then it would have that effect as well.

However, if it is a civil/legal divorce, and not a shar'i divorce, she is still Islamically married to her husband and they must initiate procedure of Islamic divorce for her to commence her 'iddah

And Allah knows best.

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Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 3 months ago

Bismillah

Thank you for your question. Below is the response from the office of Ayatullah Makarim Shirazi (hA)

May you always be successful:

Wa Alaykum Assalaam

If the Talaq formula is recited with all its conditions, Talaq is valid and she can get married after Iddah period. 

Issue No.2135- A man who divorces his wife must be sane, and as an obligatory precaution, he must also be mature, and he should divorce her out of his will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce sarcastically, the divorce will not be valid.

Issue No.2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is for example, Fatima, he should say:
زَوْجَتِي فاطِمَةُ طالِقٌ
“Zawjatī Fatima Ṭāliq”
(My wife Fatima is divorced)
And if he appoints another person as his representative to pronounce the formula of divorce, the representative should say:
زَوْجَةُ مُوَکِّلِي فاطِمَةُ طالِقٌ
“Zawjatu Muwakkilī Fatima Ṭāliq”
(Fatima, the wife of my client is divorced).

Issue No.2137- It is necessary that at the time of divorce, the woman is pure from ḥayḍ (menstrual blood) and nifās (lochia or birth bleeding), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with his wife while she was in ḥayḍ or nifās preceded by purity, the divorce is not sufficient as an obligatory precaution, rather she should enter ḥayḍ once again and become pure, and then she can be divorced. (The details of these two conditions will be given in the succeeding issues).

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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 months ago

Bismihi ta'ala

No, it is not the shar'i responsibility of a male relative to take care of a single female relative after she gets divorced. 

If the relatives wish to do this out of good will, and for the sake of God, then that is a good thing and they will be rewarded for it. Of course, in the case of a woman getting divorced and her not having any immediate family, it is important that her kin support and take care of her and not leave her alone. 

With prayers for your success. 

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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... Answer updated 4 months ago

Technically you are married (even if psychologically or socially you are single), so if you want to marry someone else, you should first get a divorce, and then observe iddah if necessary.

Istikhara is not appropriate for a thing which is inherently forbidden (and to marry someone else while you are married is forbidden).

This is why it is not a good idea to let a nikah without an actual marriage hang for a long time, whether it is as an engagement or after marriage. Of course it happens and I am not saying it is your fault personally, as usually it is the fault of society, but I am just saying it is not a healthy situation.

Anyway I hope you can resolve your marital situation soon (or, rather, dissolve it, if that is your intent).
 

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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 4 months ago

Bismihi ta'ala 

It is very sad that at times of divorce the Quranic method of dealing with it is not observed. The holy Quran says  in Surah al-Baqarah, verse 229, 'tasrih bi ihsan', which means to part ways with "grace". 

Unfortunately, we can sometime see that for whatever reason the husband, his family, or at times the wife and her family wish to forget any good and pursue not only to oppress their spouse, but to become vengeful and spiteful towards them. One way of doing this is through money, or for the husband to misuse his authority by withholding from divorce until he gets what he wants. 

In this case it is gifts. 

It is not just an issue of it being permissible for the husband to demand gifts, or refuse to give back what he owes. If he has such a state of mind, then unfortunately he is not interest in doing good or being graceful, and he would not care if he is doing dhulm

If you are in an Islamic country, with an Islamic judiciary system, then you can pursue this by the Islamic courts. 

If you are not in an Islamic country, you need to weigh out the situation and try as much as you can not to allow the husband to keep you in limbo and not grant the shar'i divorce. 

If family negotiations are to no avail, you should think of the option of mediating a qualified religious scholar who might be able to convince him of how to deal with this in a righteous and noble way. 

If the husband refuses to cooperate, demanding the return of the gifts and refusing the pay back owing money, then if it is within your ability to hand them over, in return for your shar'i divorce, then that would be an easy way to bring this to an end. 

If what he is demanding is beyond your capacity, or the husband changes his mid, or anything else, then the next step is for you to contact a religious authority. 

With prayers for your success. 

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Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 4 months ago

Bismillah

Thank you for your question. This in itself is not a valid reason for divorce, however, in this situation it may be wise to seek relationship counsilling if it is bothering you a lot.

May you always be successful 

 

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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 4 months ago

Islam does not allow injustice from any one on any one. Husband has no right to abuse his wife or deprive her from any of her rights as a wife. If the husband does not fear God and insists on doing wrong to his wife, she will then has the right to refer her case to the Islamic authority (Haakim al-Shariah who is the Marji' of Taqleed or his deputy) who orders the husband either to provide his wife with all her rights or to free her by divorce. If the husband refuses both options, Haakim al-Shariah then divorces her with out consent of her abusive husband and releases her from such harming husband.

Wife does not need to return her Mahr in such case.

There is a type of Talaq called Khul'a in which the wife does not like her husband and wants to be divorced from him and gives him an amount just to divorce her. That amount can be the Mahr or less or more. If the husband agrees to take that amount to divorce her, that Talaq is called Khul'a and it is a final Talaq with no return.

Wassalam.