Husband

A husband is a male in a marital relationship. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between cultures and have varied over time.

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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 1 week 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 1 week ago

Bismihi ta'ala

No, there is no "necessity" for the husband to work outside. The husband can work from home, or maybe due to circumstances be unemployed. 

In regards to your question, there are two important points:

1. In Islam, it is wajib for the husband to cover expenses, as nafaqah is the husband's duty. If the wife wishes to pay for things, it is not her shar'i duty, and it is out of her goodness. 

2. For the long term, it will not be good or mentally healthy for the husband to be at home all the time, with no work, or future ambitions, or being occupied with at least something useful for himself, his family or for the community. Therefore, it would be advisable that the husband somehow keeps himself busy in this case.

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 1 week ago

Bismihi ta'ala

If it would be within a reasonable range of time after the entering of the prayer time, then yes you can wait, and you will receive the reward of prayer on time, and also jama'ah prayer. 

However, if there will be an extensive delay, then it is better that you pray on time, and receive its abundant reward. 

And Allah knows best.  

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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 weeks 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 1 month 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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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

Your wife has misunderstood the Islamic rule in this matter. Mahram is the person who is permanently forbidden for marriage with her under any circumstance for life e.g. her real brother , real uncle, real father, father in law, her son and son in law. Her sister's husband is not permanently forbidden to marry her, but only when her sister is his wife. If she dies, God forbid, or if she is divorced from him, marriage will be then allowed between this man and any of the unmarried sisters of his ex-wife.

Her sister's husband is not Mahram at all and must observe full Hijab in front of him like any other non Mahram man.

Wassalam.

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 1 month ago

Bismihi ta'ala

It is very important for your respected wife to educate herself about the definition and rulings related to maḥram/non-maḥram cases. 

Unfortunately she is misinformed, and has only half of the facts correct.

In Islam, a man cannot marry two sisters at one time, but this does not mean that the wife's sister becomes maḥram to the husband, nor does it mean that the sister's husband becomes maḥram to the wife's sister.  

So, although he cannot marry his sister's wife as long as he is married to his wife, it still does not mean that she becomes maḥram to him. 

It is still haram for him to see her without hijab, or look at her with lust, or shake her hand, or be alone with her, and so on.

This is a view that all our jurists have. 

As for the case of her staying at their home, if all other shar'i matters are observed, yes she can. 

And Allah knows best. 

91717

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 1 month ago

Bismihi ta'ala 

Our esteemed Maraji' have different verdicts on this matter, and hence each individual must refer back to his/her Marja' for their fatwa. 

In the case of Grand Ayatullah Seyid Sistani, his view is that according to obligatory precaution it is impermissible. 

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 1 month 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 1 month ago

It is not allowed to swallow any Najis item and if you allow a Najis item in your mouth, you must spit it out and clean you mouth and lips with water.

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 1 month ago

Iddah of Talaq (Waiting period after Talaq) is Must on her no matter how long she is separated from her husband as far as the marriage was consummated. Iddah starts immediately from the time of Talaq and it goes on for three periods of menstruation. 

If marriage was never consummated, and Talaq was declared, then there will be no Iddah.

Wassalam.

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Seyed Ali Shobayri, Seyed Ali Shobayri is of mixed Iranian and Scottish descent who found the path of the Ahlul Bayt (a) by his own research. He holds a BA in Islamic Studies from Middlesex University through the... Answered 1 month ago

Bismillah, 

Asalamu Alaykom, 

Firstly a Muslim female shouldn't have male non-mahram friends. So this is already out of the question. Yes, interaction with the opposite gender at the workplace for example is permitted. 

In regard to discussing private sexual matters with her female friends, this should be avoided. Unfortunately some women fall into this and divulge intimate details of their spouses. 
 

If the woman genuinely needs advice related to sexual matters, she can speak or ask in a general sense without making it specific to herself. 
 

May Allah grant you success