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 3 years ago

Bismihi ta'ala

The first husband must redo the Islamic divorce, making sure all the requirements are met, and it would be best that he authorises a scholar to conduct the divorce on his behalf. 

As for the woman, although her temporary marriage was not sinful, it could be that she is not permitted to marry or be with that second man she was with in the temporary marriage. This is something that she must refer to her Marja' taqleed about. 

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 years ago

Bismillah

Thank you for your question. As long as the marriage contract was pronounced correctly with all of its conditions and the divorce was also performed correctly the marriage is valid even if this was not the most ethical path.

May you always be successful.

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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 years ago

Bismillah

Thank you for your question. One of the conditions of a correct pronouncement of the divorce formula is that it should not be under duress, otherwise it is invalid.

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 3 years ago

Mahr is the right of the wife due on the husband for her whether they are living together or divorced. No doubt, Muslim man is responsible to give the full Mahr to his wife when ever she asks. This matter has nothing to do with divorce as it is a separate duty on the husband who believes in Allah (SWT). Not giving the Mahr to the wife is a major sin which leads to hellfire.

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 years 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.

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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 years ago

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.

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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 years ago

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.

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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 years ago

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.

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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 years ago

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.

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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 4 years ago

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.

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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 4 years 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.