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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You need to wait till the 3rd starts and as soon as it starts the Iddah period is over.

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Abbas Di Palma, Shaykh Abbas Di Palma holds a BA and an MA degree in Islamic Studies, and certifications from the Language Institute of Damascus University. He has also studied traditional Islamic sciences in... Answer updated 3 weeks ago

as salam alaikum

several ahadith discourage divorce to the point that has been said: "The most hated from what is lawful is divorce". Sometimes divorce is necessary but this usually should take place as a last resort after consulting wise people and attempts of reconciliation. In the case of divorce the husband may accept the separation on his wife's request in return of a payment that she may take or detract from her mahr. This practice is called "khul'ah" 

If the situation become islamically unbearable for the wife, she can consult an Islamic Judge that may decide a divorce to take place. Some of the cases that leads an Islamic Judge to such decision are the followings:

1) Refusal of the husband to pay his wife's maintenance.

2) Unacceptable behavior from the husband that unjustifiably hurts and/or abuse his wife physically or emotionally.

3) Lack of religiosity of the husband to the point that becomes unbearable for the wife to continue to live with him.

In any case, it should not be a hasty decision but very pondered one with continuous prayers and appealing to Allah asking for the best outcome. 

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 3 months ago

Bismihi ta'ala

There are two important points for the first part of this question:

1. The Islamic divorce can only take place while the wife is in tuhr, which means she is outside her monthly menstrual cycle (haydh or nifas).

2. This tuhr time is also a time where there has been no conjugal relation between husband and wife. If wife is in tuhr, but they did have conjugal relation, they must wait until her next menstrual cycle to finish, and after that husband can perform divorce. 

If these two conditions are not met, talaq will be invalid. 

For second part of question, yes, it is a wajib condition for there to be "just" witnesses, which means a minimum of two highly pious and righteous male witnesses.

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. Praying and wearing hijab are very important acts of obedience in Islam and are essential for a person's well being in this world and the next. These are personal obligations in front of God and so it is not right for another to interfere in them even if that be a spouse and indeed, a spouse's approval is not conditional for the acceptance of those actions. Marriages are different and so the solution in working towards a compromise is specific to each relationship. If there is something that is specifically bothering your husband maybe you can help him express his issues and talk through it. For some relationships people can agree to disagree on certain issues and in others they can't. But when it comes to the performance of obligatory actions then that is a line that you have to remain principled on, even if the consequences are difficult.

May Allah make you successful 

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 3 months ago

You must always obey Allah, The Glorious despite all difficulties and challenges. True believers tolerate hardships for the sake of Allah like Asiya wife of Firaon who was enemy of Allah, but she stood fast in her faith and obedience and got the great status in Paradise.

Your husband must understand that he has no right to dictate on you any thing which is against the orders of Allah.

Depend and always seek help from Allah (SWT) and be sure that Allah will never leave you alone.

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 3 months ago

The Iddah ( waiting period) for divorced woman is three menstrual periods or three months. If she is pregnant, her Iddah will last till the delivery of the child.

If the woman was divorced before any sexual intercourse took place between her and her husband, then No Iddah on her because marriage was never consummated.

If the woman is old and she has no menstrual period , then there no Iddah of divorce on her.

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... Answer updated 4 months ago

1. Just a letter from the husband or his attorney does not mean real Islamic Talaq unless Talaq has been pronounced properly in front of two pious witnesses along with all other conditions of Talaq ( Husband should not be forced to divorce, wife should not be passing her menstrual period, etc)

2. Iddah of Talaq is obligatory on the wife for three periods of menses or three months after she knows about Talaq, no matter how much time they were separated.

3. If the wife is old enough that she has no menstrual period at all, then she has no Iddah after Talaq.

4. If the marriage was only been recited but never consummated, then no Iddah after Talaq.

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 5 months ago

Talaaq has many conditions to be valid. Among the conditions are that
the husband should not be in the state of anger. So the Talaaq which
you mentioned in the state of anger is invalid.

There is another condition in every Talaaq which is that of two pious witnesses hearing
the declaration of Talaaq. Without this condition, no Talaaq is valid.
So the person who was speaking to his wife on phone and told her the
word of ‘Talaaq’, between him and her the Talaaq is invalid because no
two pious men witnessed it.

This person and his wife are still married.

Wassalaam.

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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... Answer updated 7 months ago

Dowry is the right of the woman in marriage. She has the right to ask for her dowry upfront or keep part of it for later. There is no condition at all to keep a deferred dowry if the woman does not want to defer it.

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 7 months ago

Just being unable to father a child is not enough reason for you to seek divorce from him, unless you explain the full reasons and refer to the Marje’ Of Taqleed or any of his representatives to assess your case.

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... Answer updated 7 months ago

I am sorry to hear about your situation. This must have been quite a shock.

Islam allows for you to stay together and also allows for separation. It is between you and him. Sometimes married couples confront major challenges and emerge stronger, and sometimes they don't.

It is a good time for soul-searching and considering what you want for the rest of your life, as well as any circumstances (such as how well you get along, whether you have dependent children, whether you are financially independent, and so forth).

There are hadith which discourage divorce in favour of staying married, but it is a recommendation not a requirement. Perhaps, in part, because divorce often puts women in a more difficult situation financially and otherwise. 

It is unlikely you will have the same relationship as you had before, but it is possible for you both to heal from this breach of trust and come to a "new normal"; however, this takes time and effort. Nothing ever stays the same throughout life; we often have to adjust to new circumstances. 

He does have an ethical responsibility to act as a father towards the children and be present in their lives - it's not their fault this happened - but this is a different matter. 

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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 7 months ago

Bismihi ta'ala

If the Shar'i talaq was conducted in the correct way, with all the fiqhi conditions met, then the wife's 'iddah period will be 3 menstrual cycles.

After this, the wife will no longer be mahram to the husband.

Of course, this would  alsodepend on what type of divorce was perfomed. If it is a Ba'in (irrevocable) divorce, then the wife becomes non-mahram once the divorce is conducted.

And Allah knows best.