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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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 2 años ago

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. 

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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 2 años ago

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. 

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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 2 años ago

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.

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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 años ago

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.

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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 años ago

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.

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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 años ago

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.

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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 años ago

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.

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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 años ago

Husband is responsible to pay for all livelihood expenses of his wife. This responsibility is part and parcel of the marriage agreement. If he fails to pay for his wife's livelihood expenses, she has the right to ask for all the unpaid expenses which remain as a debt on him. She will also have the right to ask the Marje of Taqleed or his deputy to diverge her if her husband insists on not giving her her livelihood expenses.

'All the expenses of his children is responsibility of their father.

'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... Answered 3 años ago

People have a right to privacy, and he has a right to privacy just as you have a right to privacy. There could be any number of reasons, other than cheating, why he wishes to keep his phone private. Sometimes pushing people in these things can lead to greater conflict. 

Also, when people communicate via WhatsApp, etc, there is generally an assumption that the conversation is private. (Whether or not it involves cheating) For a third party to read it is also a violation of the other person's privacy, especially if they are talking about sensitive things like personal problems, work problems, legal problems, etc. So it is really not appropriate to read someone else's private conversations. Certainly if I talk to someone on one of these platforms, I don't expect their spouse to be reading it (regardless of their gender). 

Similarly, spying is not appropriate. Just as we wouldn't like to be spied on, we should not spy on others. 

Might I suggest that if you are having the idea that he is cheating or contemplating divorce, it isn't really about the phone itself, but maybe there are other things that are bringing these thoughts to mind. So maybe it is good to address the current issues between you two (rather than focusing on what if questions). If he seems distant or something else, maybe there is something in the relationship between the two of you that could be addressed, if possible. 

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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 años ago

The Prophet Muhammad (SAWA) divorced Hafsah Bint Omar as it is narrated in Sunni books like Sunan Abu Dawood 2283 and Ibn Maajah 2016, and An Nasaa'ee 3560, and Al-Mustadrak by Al-Nisaboori , volume 2, page 197 and Al-Albaani in al-Silsilah al-Saheeha, V. 5,npage 15.

'They narrated that the Prophet (SAWA) took her back after divorcing her.

It is also narrated that the Prophet Muhammad (SAWA) divorced Daughter of Al-Jawn who told him: I seek refuge of Allah from you. He also divorced daughter of al-Dhahhaak and Omaymah Bint Sharhabeel. All these three were divorced before the consummating of the marriage.

It is also narrated that Prophet Lut divorced his wife who insisted on disobeying Allah, and Prophet Esmael also divorced his wife who was complaining poverty when his father Prophet Ebraheem asked her. The narrations say that Prophet Ebraheem sent a message to his son Esmael to divorce his complaining wife and look for a wife who can tolerate his difficult life.

Wassalam.

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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 años ago

Bismihi ta'ala

From a fiqhi perspective, a wife is able to petition for divorce, and she can forfeit her mahr and request that her husband divorces her. 

However, in this specific case of the husband not able to make his wife pregnant, are there other underlying problems, or is it only this issue. If it is only this issue, what if it was the other way around, where the wife was not able to fall pregnant, would it be nice for the husband to divorce her on such grounds alone? 

There might be alternative options to take, and some patience as well. Of course, if there are other problems that contribute to the wife making such a decision, then that is something else, and she should consult her family and wise people.

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 años ago

Bismihi ta'ala

The 'iddah period for an Islamic divorce is 3 menstrual cycles, or 3 months if a woman is within the age of menstrual cycle but does not menstruate, or delivery of a child if she is pregnant. 

The 'iddah takes effect and commences when the shar'i divorce is conducted. If the court divorce is also an Islamic shar'i court, then it would have that effect as well.

However, if it is a civil/legal divorce, and not a shar'i divorce, she is still Islamically married to her husband and they must initiate procedure of Islamic divorce for her to commence her 'iddah

And Allah knows best.