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.

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?

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 6 hours ago

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.

72818

Parents . Divorce

My parents are getting a divorce and I have been crying for days as a result. How should I cope with it?

Life is full of tests. This unpleasant situation can be a test for your parents and you and other family members.

1. Try your best to talk very nicely to them and if you know respected persons who might have an effect on them, then try to request them to intervene.

2. Try to minimize the gap between them and request then not to mention bad things of other party.

3. Try to remind each of them about the good points of the other and the good times they had in their life together.

4. You are allowed to tell each of them stories about the love that he or she has in the heart of the other party. Islam gives big importance to efforts to make differing persons patch up. The Hadeeth says: Removing the rift between differing persons is more important than all the recommended prayers and fastings.

5. If they feel that there is no way for them but divorce, then try to minimize the damage as much as you can and try to face the situation with realistic attitude depending on the help of Allah who says in Quran about similar divorce cases (And if the separate from one another, Allah will grant each of them from his grace)(4:130).

Wassalam.

67572

Iddah . Divorce . Menstruation

I understand that the Iddah for a divorced woman is 3 menstrual periods or 3 lunar months. If the woman has 2 periods, and then the third does not arrive on time due to stress, is the Iddah then 3 months or does it extend until the 3rd period arrives?

Sayyed Muhammad Husaini Ragheb, Sayyed Muhammad Husaini Ragheb has a BA in Law from Guilan University, Iran and has also undertaken Hawzah studies in Qom. He is a Cultural Affairs director of Ethics Group of Al-Mustafa Open... Answered 4 months ago

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

65518

Woman . Spouse . Divorce

How can a woman get divorced from her spouse?

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 4 months 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.

62639

Wife . Divorce

Is Talaq given in a state of impurity after having intercourse with wife considered a valid divorce? Is it necessary for any witness to be present at the time of giving 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 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.

62301

Husband . Divorce . Hijab

What should I do if my husband threatens to divorce me if I were to wear Hijab and gives me silent treatment when I pray?

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 6 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

Husband . Divorce . Hijab

What should I do if my husband threatens to divorce me if I were to wear Hijab and gives me silent treatment when I pray?

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.

62053

Iddah . Woman . Marriage . Divorce . Mut'a (Temporary marriage)

How long is the Iddah for a divorced woman if she wanted to enter into a temporary marriage?

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.