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.

54810

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 4 years ago
There is no two valid Talaq together. Valid Talaq with all its conditions including declaring it in front of two Aadil ( Pious) witnesses, counts just one Talaq. There is no second Talaq immediately after it. Second Talaq can only be declared if the marriage is reinstated again, then all conditions of Talaq were accomplished. .
Iddah period after valid Talaq is three menstrual periods, and if the woman has no regular period, then it is three months.
Wassalam.

53242

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 4 years ago

It is required for us , not only before performing Hajj, but always, to give back the rights of others and seek pardon from any one who was wronged by us whether intentionally or unintentionally. When we intend to travel for Hajj, we need to be sure that no liability is on us for any one.

Divorce is the most disliked allowed act in Islam, and it should not happen unless there is no way at all for the couple to continue together. Divorce should not involve any act of injustice or backbiting or insult to the other party or any of his/ her  family members. If such act of injustice has taken place, we must apologize and seek pardon from the person who was wronged by us.

Wassalam.

52567

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 4 years ago

Bismihi ta'ala

There is a clear difference between a civil divorce, of any country, and an Islamic divorce. 

It is important that, in addition to pursuing a legal divorce, the couple make sure they obtain an Islamic divorce, observant of all its rulings and in accordance to their sect. 

If they only get the legal divorce decree from the civil court, and not an Islamic divorce, it will mean that from a shar'i perspective they are still legitimately husband and wife.

And Allah knows best.

51962

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 4 years ago

Bismihi ta'ala

When parents go through a divorce, the worse thing is to involve the children, or God forbid, poison them against any side of the parents or their family. 

Children should never be dragged into such problems, and must be kept neutral. They have an obligation towards their parents, and must honour and respect them both. 

It is equally healthy for the children to have access to both parents, and this will be something very positive for their upbringing.

If things are bitter between you and your ex-husband, suppress your anger and show them the better path by pushing them towards their father as well. 

If you in any way prevent your children from having a relationship with their father, then you are committing a sin and doing wrong to them more than anyone else. If your children themselves do not want to interact or contact their father, then they will be sinning, and you must encourage them to maintain a relationship with their father. They must stay as committed and loyal to both parents as much as possible, and this is something wajib.

This is of course in normal cases where the children are safe, and there is no justifiable reason for them to stay away from their parent. In the case of there being a legitimate shar'i reason for them to be distant from their parent, the situation would be different and it should be dealt with in a different manner.

Wassalam 

51814

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 4 years ago

Bismihi ta'ala

In Shi'ah fiqh, a triple-Talaq is invalid and has no effect, nor would a single-Talaq have any effect if the conditions of Islamic divorce are not met. It is very important that as angry as a husband may get, he must avoid uttering such words, whether they have a shar'i effect or not. 

Wassalam

51943

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 4 years ago

Bismihi ta'ala

Divorce itself is emotionally draining, let alone being a single parent and trying to make ends meet. As Muslims, we believe that when we are distraught and mentally exhausted we turn to the Almighty for strength and motivation. Allah ta'ala puts us through difficult tests to allow us to evaluate our level of faith and how strong we are. 

If we were to put our mind to something, we would certainly be able to achieve it. This is why in such situations the best thing would have been for you to focus more on your spiritual improvement and empowering through connection with God.

Prayer would have improved your situation and your mental state-of-being. As you did not pray during those years, it is obligatory for you to perform them, as Qadha'. Hopefully we will all be able to value such a blessed opportunity of praying and building a relationship with the Almighty, becoming inspired and empowered.

Wassalam

50176

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 5 years ago

Bismihi ta'ala, 

At times a husband-wife relationship reaches a stage in problems where reconciliation is difficult, and the only option is divorce. 

In many cases children are also involved, and so the worse thing for all parties involved (husband, wife, and child/children) is, in addition to the difficulty of separation, that tension and further altercations are involved. 

Unfortunately, we can see that in some cases things escalate so bad, that families are dragged to court, and it becomes a battle between two people who once loved each other.

This is fundamentally against what the Quran instructs us when divorce occurs (see: Surah al-Baqarah, verse 229). The couple should part away with benevolence and grace. 

This also means that co-parenting is very important for their sake, and for the child's sake as well. Both parents must try to contribute in the best manner and bear in mind the interests of the child. 

In this case, it is for the father's interest, and the child's interest that he maintains good ties with his ex-wife, and the mother of their child. He should financially assist as much as he can, and the mother's well-being will also add to the emotional stability of their child as well. 

The father should be involved in the child's life, and the mother should not deprive him of that, nor in any way should they allow their misunderstandings or disputes to affect the quality of their co-parenting. 

As for the shar'i side of the rights of custody, the details of these laws should be looked at within this framework of thinking, where the overall interests of all parties are taken into consideration and nobody is wronged. 

It is always advisable to remain patient, wise, and consult with professionals and experienced people in how to deal with circumstances that may arise. 

And Allah knows best. 

47877

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 used to be a Cultural Affairs director of Ethics Group of Al-Mustafa... Answered 5 years ago

Salaam
For more info on the conditions of a valid divorce please visit:
https://www.islamquest.net/en/archive/question/fa29299

Abolfazl Sabouri, Abolfazl Sabouri is based in New Zealand and has an MA in Jurisprudence and Islamic Studies. He is a graduate of Elmiyeh seminary in Qom with more than 15 years of study and research where he has... Answered 5 years ago

The divorce is not valid because of the anger. 

Moreover, according to some jurisprudence (Jafari) these 3 or 4 divorce should be in different times or sessions . In one session it is considered one divorce even if he says "I divorced you 3 times". 

48239

Abolfazl Sabouri, Abolfazl Sabouri is based in New Zealand and has an MA in Jurisprudence and Islamic Studies. He is a graduate of Elmiyeh seminary in Qom with more than 15 years of study and research where he has... Answered 5 years ago

It depends on the law of your country. But according to the sharia court they don't take your son if your husband is not Muslim. 

47798

Zeinab Donati, Zeinab Donati has been studying books about various Islamic subjects for more than 19 years. She is deeply interested in history and politics as well as social issues in particular those pertaining... Answered 5 years ago

Assalamu aleykum,
The main duty of a woman in marriage, the only thing that she cannot deny her husband unless under specific circumstances.

From the office of Ayatullah Seestani: it is the woman’s duty when it comes to her conjugal life and yielding to her husband’s needs (even preparing themselves for sex is part of yielding) to give in to her husband’s lustful needs. There are many ahadith regarding this issue. In the case of her not yielding, she becomes nashizah (transgressor, rebellious) and the rulings of nushuz will apply to her.
The duty of carrying out the marital relationship lies mainly with the women and is of extreme importance; there are many traditions that relate to this matter, here below only a few ones as example.
Imam Sadiq (a) has said: “A woman came to the Holy Prophet (s) and asked him what the duty of the wife is towards the husband? He replied: “That she answers his (sexual) needs, even if they are in the situation of riding on top of a camel.” 
Imam Baqir (a) narrated from the Holy Prophet (s) where he told women that: “Do not make your prayers lengthy in order to prevent your husband’s from having sexual relations with you.” In another tradition Imam Sadiq (a) has explained in relation to this aspect of women’s actions and its end consequences that: “A woman who keeps her husband waiting on their place of sleep and does not become willing to have sexual relations with him until he falls asleep, till the time that the man remains asleep the angels will curse that woman.” 
(Al-Kafi, chapter “The woman’s rights regarding her husband” vol. 5, pp. 507-508.)

If a woman denies herself physically to her husband for many years, he has undoubtedly the right to ask a divorce and/or to marry another woman.