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.

114277

Divorce . Husband

I am going through a legal divorce from my husband. He called me and said he would verbally divorce me, which he did, but I have been told without witnesses it is not valid. How do I prove I am divorced for a future marriage?

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

Divorce is the most disliked permissible act أبغض الحلال إلى الله

Yet, if there is no way at all to reconcile and continue but to divorce, divorce has certain conditions without which it is invalid. One of conditions of divorce is two pious men to witness the declaration of divorce. If your husband is really willing to divorce you according to the Islamic rules, he can request a trusted person who knows Arabic to announce divorce on his behalf in the presence of two pious men. You should not be in your menstrual period nor during purity in which you had sexual inter course with your husband.

Wassalam.

111309

Man . Divorce . Marriage

Is it permissible for me to think of another man while still being married, but contemplating divorce, as long as I do not participate in any inappropriate behavior with him?

When you are still married, you are not allowed to think of another man at all. Even talking on phone or messaging him or any way of contact is not allowed. After you get your Islamic divorce and pass the Idda period after Talaq, then you will be allowed to do that.

Wassalam.

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 3 months 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?

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.