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.

88623

Sexual . Marriage . Iddah . Divorce . Consummation

If I have not had sexual intercourse with my husband but we have been intimate with each other in other ways, does it make our marriage consummated? And do I need to observe Iddah after divorce?

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 5 days ago

Intimate acts which do not include sexual intercourse do not mean that the marriage has been consummated. Marriage is consummated when sexual intercourse takes place. If there was no sexual intercourse, there will be no Iddah after divorce. Obviously you will then be entitled of half of the agreed Mahr, while if marriage was consummated, you will be entitled to the full Mahr.

Wassalam.

Sexual . Marriage . Iddah . Divorce . Consummation

If I have not had sexual intercourse with my husband but we have been intimate with each other in other ways, does it make our marriage consummated? And do I need to observe Iddah after 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 6 days ago

Bismihi ta'ala

If the marriage has not been consummated, there will be no 'iddah for divorce and the wife will be entitled to half the mahr.

Consummating means sexual intercourse, and so there would be 'iddah if (1) there is intercourse, or (2) the husband's seminal fluid (somehow) entered the wife's vagina.

And Allah knows best.

87778

Wedding . Divorce . Iddah . Marriage . Sexual

I had my Nikah last year following which my husband and I got intimate before the planned wedding reception. Now we are about to get a divorce before that reception. Do I need to observe Iddah and inform the elders about this situation?

Bismihi ta'ala

Because the marriage was consummated, you would need to observe 'iddah of divorce. As for informing elders, that would be at your discretion.

And Allah knows best.

70379

Iddah . Divorce

A woman was divorced Islamically in October and performed temporary marriage after the Iddah ended in January. In February, she found out that her ex-husband had read the divorce incorrectly. What should she do?

Bismihi ta'ala

The first husband must redo the Islamic divorce, making sure all the requirements are met, and it would be best that he authorises a scholar to conduct the divorce on his behalf.

As for the woman, although her temporary marriage was not sinful, it could be that she is not permitted to marry or be with that second man she was with in the temporary marriage. This is something that she must refer to her Marja' taqleed about.

And Allah knows best

86023

Love . Woman . Marriage . Divorce

I fell in love with a married woman and we planned and executed a strategy that got her divorced so that we could marry each other. Is our marriage valid?

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 weeks ago

Bismillah

Thank you for your question. As long as the marriage contract was pronounced correctly with all of its conditions and the divorce was also performed correctly the marriage is valid even if this was not the most ethical path.

May you always be successful.

84026

Divorce

My wife's father forcefully got me to sign a divorce document. I am still in contact with my wife and we are happy to live together. Was the divorce valid?

Bismillah

Thank you for your question. One of the conditions of a correct pronouncement of the divorce formula is that it should not be under duress, otherwise it is invalid.

May you always be successful

79329

Divorce . Husband . Mahr . Wife

Can divorce be pronounced by a husband who has not given the Mahr to his wife?

Mahr is the right of the wife due on the husband for her whether they are living together or divorced. No doubt, Muslim man is responsible to give the full Mahr to his wife when ever she asks. This matter has nothing to do with divorce as it is a separate duty on the husband who believes in Allah (SWT). Not giving the Mahr to the wife is a major sin which leads to hellfire.

Wassalam.

79096

Hadith . Usul al-Kafi . Polygamy . Divorce

I have heard that there is a narration in al-Kafi regarding Imam Hasan (as) having many wives and divorces. Is that true, and if so, is the narration authentic?

This narration is not authentic because some of the narrators like (Mohammad Ibn Ziyad Ibn Easa) is unknown, hence the narration is not authentic at all.

Wassalam.

78646

Anger . Wife . Divorce

In a fit of anger I told my wife Talaq 3 times on an occasion when we had an argument. When I calmed down I regretted it. Does this count as a final divorce or is it revokable?

Such words of Talaq have no value nor any effect on your marriage bond. No doubt, it is wrong to say that but as it does not meet the conditions of Talaq, it has no value. Your marriage remains with out any change.

Wassalam.

76286

Man . Divorce . Wife . Adultery . Woman . Knowledge

Does a man need to divorce his wife if he committed adultery with another woman without her knowledge?

He needs to repent and decide not to commit such crime again and seek forgiveness from Allah (SWT) but he does not need to divorce his wife.

Committing such major sin is strongly forbidden and condemned and the knowledge or no knowledge of his wife does not change the rule.

Wassalam.

76736

Divorce . Mut'a (Temporary marriage)

A woman received 2 divorces from her husband, in front of witnesses, and is awaiting the third divorce for the last 3 years. Is she allowed to marry another man in a Muta?

As soon as the Iddah period (around three months or three menstrual periods) is over, she is allowed to marry another man, whether permanent or temporary marriage.

Wassalam.

76001

Man . Paradise . Wife . Divorce

Who will be the companion of a man in paradise who divorced his first wife and remarried a woman who had also been married in the past to another man?

Divorced wife is no ore a wife after passing the Iddah (Waiting period). Same for the husband who divorced his wife, he is no more a husband for her.

In Paradise, Allah (SWT) grants the best to the believers. The best husband will be given to the believing woman and the best wife will be given for the man. Allah (SWT) will remove all negative things from the believers in Paradise.

Wassalam.