i wantd to know if a wife takes khula under pressure n the husband utters the word talaaq though he didnt intend to thrice during the khula procedure n thn later dey want to get married again thn wht is the right way?
وعليكم السلام
باسمه تعالى
Khula’ is taken in the situation when it becomes impossible for couples to maintain the marital tie and the husband refuses to give Talaaq. During the procedure of Khula’, if husband gives three Talaaq even without intention, the marital ties break completely and the couples become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man free of condition and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)
Therefore, the couple can not reunite in the case referred to in the question without Shar’ee Halalah, the procedure mentioned above.
والله اعلم
I have fallen in love with a Muslim (Sunni) woman and she is also in love with me (I am a Christian), we are both currently married with children and would like to get married to each other as quickly as possible. What are your recommendations to do this under Islamic law/way? We both feel that we have found true love in each other. Thank you so much for your guidance and help
السلام على من اتبع الهدى
I recommend and invite you to come under the fold of Islaam full-heartedly in order to get everlasting enjoyment or else share your love and affection with any Christian woman as there are many who really need life-partner and leave spoiling the life this poor woman resulting in eternal grief and sorrow.
I am ready to come under the fold of Islam, I am ready and prepared to do anything for this woman. What should my next steps be? Need your help and guidance
السلام على من اتبع الهدى
Dear Brother, if your intention for embracing Islaam is just to get married to that woman then it will be for that what you have indented and will be rejected in the court of Allaah. One must embrace Islaam in order to please Allaah and His Rasool without having any intention for gaining worldly benefit. Since one who embraces Islaam for Allaah’s sake will get success in both lives and however believes for worldly benefit will be deprived of everlasting success. Therefore, check the intention and correct it.
I am embracing Islam with good intention. This woman is an exemplary Muslim woman for me and my motivation for taking Islam as my religion. I do not intend to convert back once I am married to her. So my intentions are all noble. Can you please guide me now.
السلام على من اتبع الهدى
Dear Brother, unlike other religion, Islaam is a complete way of life. A person after embracing Islaam has to change his previous way of life and take the last and final prophet Muhammad as an ideal in every sphere of life. The situation may turn against a newcomer to Islaam and his own family members will torture him in different ways even threatening his life. On being ready for all these sacrifices and hardships, you may inform us of your full address so that further steps may be taken with ease.
الله يهديك
I am a muslim girl living with my parents. My parents a few weeks ago got in a really really really big fight. They were yelling and they were very angry. And my father uttered the third divorce. When I talked to my father after the fight (at night) he told me that saying was an accident and that he didn’t mean to do it. The 2nd divorce was 10 yrs ago and the first divorce happened 19 years ago. Is this divorce valid? A few days ago my father became very sick and we had to call the ambulance. While in the hospital my mom took care of him, and now at home she still takes care of him (they are good to each other). I don’t understand the situation that I am living in, and what is the Islamic ruling on how to resolve the situation.
I have attached a link, which will allow you to download the fight if you want to hear it.
Thank you very much for your time and Sallam 3alleikom.
وعليكم السلام
باسمه تعالى
Talaaq given in anger is valid even if it is not uttered without any intention and hence the third Talaaq which is uttered during the fight and anger mode is valid and the marital ties between the couples have broken completely and they have become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)
Therefore, your parents can not communicate with each other nor can they reunite without Shar’ee Halalah, according to the view of the majority of Sahabah, Taabi’een and the consensus of the Imaams of FOUR SCHOOLS OF THOUGHTS. They must immedialty separate from each other and make sincere Taubah for communicating with each other and staying together after the third Talaaq.
والله اعلم
One day I said “My nikah is broken” and some other occasion I said “My wife is haram on me” I said these words without the intention of divorcing my wife. My question have these words without the intention of divorce constituted the Talaaq?
Jazakallaho Khaira
السلام عليكم
باسمه تعالى
Dear Brother in Islaam, the first phrase, “My Nikaah is broken” does not constitute the Talaaq whereas the second one, “My wife is Haraam on me” constitutes the Talaaq Bain even without intention. “قال لإمرأته أنت على حرام (إلى أن قال) يفتى بأنه طلاق بائن و إن لم ينوه لغلبة العرف.” (رد المحتار, باب الإيلاء)
Therefore, the marital bond between your wife and you has broken in the case referred to in the above question, and both of you cannot reunite without remarriage provided that two Talaaqs have already not been given.
والله اعلم
On many other occasions I said to my wife that
1. Mai tumhay jodh deta hon (let me leave you)”
2. Mai tumhay jodhta hon (i leave you)
3. Tum apnay ghar chali jai (you go your home)
4. Mujhay tumhari zaroorat nahi hai (I don’t need you anymore)
5. Dafa ho jao (Get lost)
Are these words Saheeh in Urdu. I said these words in normal mode without the intention of divorce.
Thank you in advance.
السلام عليكم
باسمه تعالى
Dear Brother in Islaam, the phrases you have written in Urdu are difficult to pronounce and hence these phrases have been written in Urdu as per the translation mentioned in the question and the Shar’ee ruling concerning each phrase has been stated respectively in the following.
“میں تمہیں چھوڑ دیتا ہوں، میں تمہیں چھوڑتا ہوں، تم اپنے گھر چلی جا،مجھے تمہاری ضرورت نہیں،دفع ہوجا”
The first two phrases constitute Talaaq Raj’ee even if these sentences were pronounced without any intention. The third phrase constitutes Talaaq Bain if pronounced with the intention of Talaaq and the denial of having the intention will be accepted with an oath. The fourth phrase does not constitute any Talaaq. The fifth one constitutes Talaaq only when said with the intention of Talaaq.
The ruling may differ from phrases to phrases and situation to situation.
والله اعلم
i have a question i was in love with a girl but both of us are sunii but her parents got her marry to her cuzin since she was engaged to him for long time but she never liked him even after marriage we kept talking since she told me she never slept with him anyhow one day she told me she did sleep with him but i thought since her husband is saying and swearing to QURAN that he never did with her she might just be lying so me and her and her husband we made deal since she never liked him he agreed upon it that he give her verablly divorce he said this over the phone to her in punjabi main tainoo TALAQ DENA TALAQ DENA TALAQ DENA with intentions to give her divorce but later on due to family pressure he denied but i have his recording of voice where he accpet it he divorce but due to his sister was married to my gf brother he was scare the he might leave her or he might not come to usa since girl was usa citizen we ran away from house since we know divorce occured but the MANNATS i asked that i will fast for 2 month when we get together i kinda didnt do it worse get to worse she was pregenet but i was still willing to keep her but we end up aborting the child which i regret even in iddah we were living togther
my question is i cry in pray and ask for forgiveness now her dad still sent her back to her old husband in pak they divorce was not valid and it didnt occur you help arent they commiting zina now cuase i want to do nikkah with her they say in pregnency u cannot divorce so you help me if she has abortion and we were together for 3 months after divorce im confuse i want her back and doing wazifaz and praying please help me i want go for UMMRAH with her and be a good MUSLIM or should i leave her alone if you think she is still in his nikkah thank you
Wa alykumus salaam
Brother in thi matter you are blatantly disregarding the issue of you interferening with a married woman, running away with her during her pregancy and still seeking help to get her to be divorced from her husband and to get married to you???
My personal advice to to fear ALLAH and leave her alone.Put your trust in ALLAH and you will find someone better inshaALLAH. Do you not realize that abortion is equal to murder???Sincerely ask ALLAH for forgiveness and change a new leaf.
I given talaaq to my wife during big fight between with ou any region. I told talaaq, talaaq, talaaq three time in tension. Now I want to know that is this talaaq valid? I given talaaq in tension only. Plz reply me can we stay together or not. This happen only as an accident. Asslaamu alaykum
Talaaq uttered in anger or in happiness both are valid. If a person isno9t angry will he ever utter the word “talaaq”? In a hadeeth it is narrated that there are three things wether uttered in anger or in jest (joking) thats effect. 1. Talaaq . 2. itaaq (freeing of a slave) 3. Nikaah. (tirmidhi)
Janab Mufti sahib,
Assalam o Alaikum,
Mera masla yeh hai ke mai ne apne shohar ki baato se tang aakar kaha ke mai ghar chor kar ja rahi hon phir kabhi wapis nahi aongi to mere shohar nai kaha ke “dheek hai tum chali jao mai tumhay chor deta hon tumharay bhai tumhari kahi aur shadi karadengay” unho ne ye alfaz ghusse ki halat mai baghair talaaq ki niyyat ke kahe.
Ek mufti sahab se pucha to unho ne kaha ke ” Mai tumhe chor deta hon ” se talaaq nahi hoti “Mai tumhe chorta hon” se Talaaq ho jati hai. Jabke dosre Mufti sahab ne yeh bhi kaha ke “Mai tumhay chor deta hon ” se bhi Talaaq ho jati hai agar pas manzar mai mustakbil ki baat nahi chal rahi ho to.
Mera sawal yeh hai ke mere shohar ke in lafzo se koi Sharee Talaaq waqai hui hai ya nahi.
Qa raai se pata chalta he ke un ka irada is jumle se talaaq nahin he. Talaaq unki niyyat se parega. agar niyyat nahin tu talaaq nahin.
since my wife doesnt want to live with me. in my married life ie 10 month she spends only 3 to 3.5 month with me since she dosent want to live with me therefor in the presence of third prson( saalis suleh karne wala) I given the conditional statement of talaaq on 1st march 2009 ie on or before decision has not taken and my wife will not came till 15th march 2009 then understand that on 16th march there will be one talaaq to my wife. so what will be iddat period? how much days? I dont know exactly about her monthly period, I think that it is on starting of month? when we both can marry to another? iddat srarts from 1st march or 16th march?
Assalaamu alaykum
If according to your conditional talaaq she does not return by the date stipulated then automatically talaaq takes place when the condition lapses. With it one talaaq baain takes place. For ruju from talaaq baain renewal of nikaah is necessary if the couple wishes to get together again (reconcile). The iddat period is like any normal talaq i.e. three haidh periods passing. Ruju whether during iddat or after iddat needs renewal of nikaah.
assalamu alikum wa rehmatullahi wabarakatuhu
one or half month before my conditional statement of talaaq since my wife is in her home i said her to come and live with me several time that is in two to three weeks daily twice i said same but she said “no, not now i will come after, there is time” each time she answered same and also not giving the proper reason and time where she will come.therefor at last time I said to my wife that “you dont want to come then dont come”. without inention of talaaq but the intention to put weightage to the statement and realise the effect of statement that are she ready to come or not. So due to these statement and intenion are any of the talaaq is imply? if yes then please say me which talaaq it is are talaaqe hasenaah or any else? and how much talaaq imply? Including my shartiya talaaq, total talaaq will be how much? (kya koi bhi thalaaq wakea huvi hai? agar huwi hai toh konsi talaaq huwi hai or kitni huwi hai aur mai ne baad me ek shartiya talaq dee hai toh total kitni talaaq hogai ab tak mai sirf shartiya talaaq hi ko talaaq samajh raha hoon is tarah meri nazar mai sirf ek hi talaaq huwi hai brahe karam shariath k mutabik meri islah kijiye or agar meri wife raazi khushi k saath mere saath zindagi guzaarne k liye tayyar hojay toh kya mujhe ruju karna hoga ya phir mai ne ruju ka haq kho diya matlab ke kya teen talaaq hogai? barai karam zaroor bataiiye k kitni talaaq huwi hai? aur ham sabhi ke liy dua kijiye.)
Wa alaykumus salaam
It you mentioned those words without any intention of talaaq the no talaaq occurs. In talaaq where clear words ( know as kinaaya) niyyat is shart.
i was sitting alone and said ” If i divorce my wife” and then kept silence after saying this loudly.
will this cause any Talaaq.
Assalaamu alaykum
If does not cause Talaaq. Words of certainty are required.
AOA.my friend name is Jaam Muhammad.after few days of his marriage he came to know that his wife had some un islamic and unethical relations with another person.so clash occured and she turned back to her home.Due to efforts of some family members she agained joined her husband.after some time again they had conversational fight with each other and Jaam Muhammad said,”i do not want to live with u “,”u do not have any care of me so i do not want to live with u”,”leave my home”,tum mujhay khush nahin rakh sakti”, plz tell me whether the condition of talaq imlies by these sentences.if yes than which condition and what is the possible remedy of this situation.thanks and regards
Wa alaykumus Salaam
It will depend on his niyyat and what the discussion was about. If he intended talaaq then one talaaq e baain will take place. He has the right to remarry her with her consent if they wish. However if he did not intend talaaq at that time then she will still be his wife.
how long a man will responsible to pay nafqah to his ex-wife and his/her five daughters aged 22 , 21 , 19 , 18 , and 17. I am paying them since last 16/17 years. There is no chance that they love their father, and they neither want to live with their father nor want to see his face anymore. I donot know where they live in Lahore. what is their address . what is their phone No , except one account No of my elder daughter. they just want, money should be sent to them every month. Please tell me how long i will have to pay them according to ISLLAAM.Jazakallah Khiara. Assalaamu alaykum
Nafaqah for he wife is only in the iddat period. As for the children , if they are staying with the mother then they are the responsiblity of the father. Therefore he has to provide for their upbringing. When hey are married your duty of nafaqa ends. i think some contact has to be made to find out the reality of the childrens condition.
Assalam o Alaikum
Mai ne apni biwi ko kai moqon par taqreeban 4 se 5 martaba mandarja zel jumle kahe
“Mai tumhe chor deta hon tum kahi aur shadi kar lena”
“Mai tumhe chor deta hon tum kahi aur shadi kar lo”
“Mai tumhe chor deta hon tumhare bhai tumhari kahin aur shaadi karadenge”
“Agar tum chahti ho to mai tumhe chor deta hon tum kahi aur shadi kar lena”
Mandarja bala jumlon se meri niyyat kisi kisim ki Talaaq dena nahi thi aur na hi mera maqsad ya murad yeh thi ke mai apni biwi ko Chor raha hon balke yeh murad thi ke mai tumhe chor dunga aur phir tum kahi aur shadi kar lena.
Jamia Islamia Binori Town, Karachi ke ek Mufti sahib se pucha to unho ne kaha ke “Mai tumhe Chorta hon” se Talaaq hoti hai kio ke is me saael direct hukum sadir kar raha hai jabke “Mai tumhe Chor deta hon” se nahi hoti agar saael ki is jumle se murad mahez khahish ya irada hai aur woh us waqt chorne ke lihaz se nahi kah raha.
Kia farmate hain hazraat Ulama-e-Karam saael ke mandarja bala alfaz ko madde-e-nazar rakhte hue ke agar in alfaz se murad mustakbil hai to Talaaq-e-Rajee waqai hui ke nahi?
Wa alaykumus Salaam
Janaab meri faraaghat khud jamia islamiya binnori town se hoon. Bas men aapko yehi jawaab deta ho jo pehle de chuka hoon.
Talaaq ki do qimenhe.
1. Sareeh
2. kinaaya
Sareeh woh talaaq he jismen saaf talaaq ka lafz istimaal hota he. Us se talaaq e raj ‘ ee waaqi hota he.
Kinayah woh talaaq he jis men lafz e talaaq ke bajaaie koi aur lafz istimaal hota he. Haan usmen niyyat ki zaroorat he. Agar talaaq ki niyyat ho tu aik talaaq e baain waaqi hota he.
Mufti Sahib,
laikin mai ne suna aur padha bhi hai ke “Chorna” ka lafz Urfan Sareeh hai.
Please clearly batain mere case mai koi Talaaq hui ke nahi.
Shukariya. and sorry for bothering again and again.
Janaab AAp aapke ilaaqa ke ulema se ruju karle . Unko urf se ziada pata hoga. Urf mukhtalif ilaaqaa men faraq hota he.
assalamu alaikum wa rehmatullahi wa barakatuh
since after giving conditional divorce there is 3month passes and till date i not rujue.my sasur (ie wifes father) says”ek talaak diya hai toh doosree aur teesree bhi de de “so if he force me to give 2nd and 3rd talaak but i think that IDDAT period is over so nikah breaks and she is not in my nikah if really IDDAT is completed then what i have to do ? I dont want to give 2nd and 3rd talaak and also dont want to rujue. so if due to pressure i given the divorce then are it will be count if IDDAT is really complete? (i dont want to give 2nd and 3rd because of in future if we both want to marry then we can marry easily without any HALALAH)
Wa alaykumus Salaam If the iddat is over, automatically she is no more in your nikaah. Talaaq will not be valid if given out of nikaah,
Also one talaaq given is sufficient and when the iddat lapses she is out of your nikaah. If the parties wish to get together again, a new nikaah has to be performed.
Wallahu a’lam
Salam,
I was going alone and said in Urdu ” Mai tumhe Talaagh deta hoon”
Will this constitute any Talaaq as I intentionally pronounced the Talaaq word wrongly as “Talaagh” in order to avoid Share’ee Talaaq to take place.
Please reply if this has constituted any Share’ee Talaaq despite pronouncing the Talaaq word wrongly?
Wa alaykumus Salaam
Even the mentioning of talaaq without adressing someone does not constitute talaaq. Therefore by merely mentioning talaaq without intending giving anybody talaaq will not be regarded as talaaq.
Could you please explain me the following Arabic ruling with reference to above Question asked earlier
هاهنا خمسة ألفاظ تلاق وتلاغ وطلاغ وطلاك وتلاك عن الشيخ الإمام الجليل أبي بكر محمد بن الفضل رحمه الله تعالى أنه يقع وإن تعمد وقصد أن لا يقع ولا يصدق قضاء ويصدق ديانة إلا إذا أشهد قبل أن يتلفظ به وقال إن امرأتي تطلب مني الطلاق ولا ينبغي لي أن أطلقها فأتلفظ بها قطعا لقيلها وتلفظ بها وشهدوا بذلك عند الحاكم لا يحكم بالطلاق بينهما (الفتاوى الهندية)
Thanks It states that there five such words when uttered (to the wife)تلاق وتلاغ وطلاغ وطلاك وتلاك ( wherein the ط is changed to ت or the ق is changed toك or غ ) then talaaq takes place if he says it purposely and intend that talaaq does not take place. When ruling is given his word will not be accepted although it will be acceptable by allah. Yes if he made someone a witness that his wife is pestering him for talaaq and he wishes to do so then his word will be accepted with the condition that it was previously brought to someones notice.
this is the verdict mentioned in fatawa hindiyyah.
I think it co incides to the fatwaa given where we mentioned if the wife was intended or adressed, then talaaq tkes place.Mispronounciation of words mean nothing.
I also got following Arabic rulings from darulifta deoband site with reference to my question
ویقع بھا أي بھذہ الألفاظ وما بمعناھا من الصریح ۔۔۔ وفي الشامیۃ: قال في البحر ومنه الألفاظ المصحفة وهي خمسة فزاد على ما هنا تلاق وزاد في النهر إبدال القاف لاما (شامي 4:459)
So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur.
So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur. shami9659@gmail.com
Shami
ASSALAAMU ALAYKUM
Please furnish with the following to get a proper ruling.Ruling can only be given if full details are given
1. when was the words uttere?.
2.Why were the words uttered?
3 In whose presence was it uttered?
4. What was your true intention at the time of uttering?
Mufti sahib
thank you for taking time to ponder on my serious issue. Here’re answers to your queries
1. When was the words uttered?
Ans: It’s about 2-3 weeks ago I was going alone and suddenly divorce thought came into my mind and I always try to avoid it. I said “Mai tumhe Talagh deta hon” so it doesn’t happen.
2. Why were the words uttered?
Ans: B/c divoce thought came across me several times and I suddenly and in slow voice to myself said ” Mai tumhe Talagh deta hon”
3. In whose presence was it uttered?
Ans: No one was present I uttered them while I was alone and walking. I didn’t think about my wife while saying these words.
4. What was your true intention at the time of uttering?
Ans: I had no intention but thought “Mai tumhe Talagh deta hon” does not cause to occur Share-ee Talaaq. When I visited darul ifta site I was shocked to see that mispronouncing Talaaq word may also cause it to occur.
ASSALAAMU ALAYKUM
The mere utterance of the word talaaq does not constitute talaaq. There is a necessity of intention or a discussion of talaaq. Therefore in your circumstance of uttering talaaq will not be regarded as talaaq..
Dear Sir
I am in big problem i know that talaq is the most hated action in the eyes of AlMighty Allah.
I live in KSA for job i have been in nikkah around a year and my wife is living with her parents as we have to do rukhsati InshahAllah in a year or 2.
4 months back i went to pakistan and my wife was also living in my house though we had never done intercourse but we were having an intimate relationship there and we also spent time alone as well.
Unfortunately one day lot of divorce thought was comming in my mind and i was thinking how people do this thing while thinking i placed my self in the shoes of person who do this and think if i do this and there i uttered “May tumhay talaq deta hoon <>” Honestly speaking i was not thinking to divorce my wife.
After this incident i was having intimate relationship my life as well
please guide me i am in deep sorrow. Assalaamu alaykum
i would like you to clarify certain issues before an answer can be given.
1. Did you utter hese words verbally?
2. What did you intend when saying these words?
3. Was there any reason for the thought and utterance of talaaq?
Thanks for your answer please help me i have done this jut because of tha lack of relegious knowledge which i am trying to improve.
Here are the answers of your questions
1. Did you utter hese words verbally?
I could’nt remember if i uttered till talaq or i stopped at word talaq and pronounced it wrongly or i uttered the whole sentance.
2. What did you intend when saying these words?
At this time i was not having any grudge against my wife secondly as i told you in my question that
i was just loud thinking and was assuming how people do this and assumed myself in place of such a person.
3. Was there any reason for the thought and utterance of talaaq?
As i told you in my previous explaination i was just thinking about divorce and how a man do this thing.Its not like i had fought with my wife and assuming that i am giving talaq to her.
Please pray for my deen and dunya please i beg you solve my problem i am in deep trouble.
Jazak Allah Khair Wa alaykumus salaam
Thoughts of talaaq does not constitute talaaq. Intend is necessary, wether talaaq is uttered jest or inanger.A person is not responsible for thoughts until brought into action.Therefore in this circumstance talaaq will not fall.
if a husbend wife want to separate and and husbend says i cant utter word talaaq to and wife says ok then give me a three miss call i will understand u had given me a talaaq and husbend thinks in his mind that i m giving you three talaaq and gave her a three miss call is talaaq valid or not Assalaamu alaykum
If this was an agreed upon condition for talaaq being issued and He intends talaaq at the time of sending the misscall then it will be valid. As according to his intention three talaaq takes place.
kuch jamaiten kahti hen ke 3 talaq sath men deny se nahi hoti aur kuch kahty hen ke talaq ho jati he to plz help me ke 3 talaq sath men deny se ho jay gi ya nahi?
Assalaamu alaykum
aagar tien talaaq va yak waqt diya jaataa he tu tien hi talaaq hote he.Un se aik aasaan sawaal he jo tien ko saheeh nahin maante hein, unke kiya daleel he. Haan do talaaq dene bhi ghalt he lekin ALLAH ta aalaa ne khud do talaaq saath dene ki ijaazat di he.
[2:229]
طلاق دوبار ہے (یعنی جب دو دفعہ طلاق دے دی جائے تو) پھر (عورتوں کو) یا تو بطریق شائستہ (نکاح میں) رہنے دینا یا بھلائی کے ساتھ چھوڑ دینا۔ اور یہ جائز نہیں کہ جو مہر تم ان کو دے چکے ہو اس میں سے کچھ واپس لے لو۔ ہاں اگر زن و شوہر کو خوف ہو کہ وہ خدا کی حدوں کو قائم نہیں رکھ سکیں گے تو اگر عورت (خاوند کے ہاتھ سے) رہائی پانے کے بدلے میں کچھ دے ڈالے تو دونوں پر کچھ گناہ نہیں۔ یہ خدا کی (مقرر کی ہوئی) حدیں ہیں ان سے باہر نہ نکلنا۔ اور جو لوگ خدا کی حدوں سے باہر نکل جائیں گے وہ گنہگار ہوں گے
[2:230]
پھر اگر شوہر (دو طلاقوں کے بعد تیسری) طلاق عورت کو دے دے تو اس کے بعد جب تک عورت کسی دوسرے شخص سے نکاح نہ کرلے اس (پہلے شوہر) پر حلال نہ ہوگی۔ ہاں اگر دوسرا خاوند بھی طلاق دے دے اورعورت اور پہلا خاوند پھر ایک دوسرے کی طرف رجوع کرلیں تو ان ہر کچھ گناہ نہیں بشرطیکہ دونوں یقین کریں کہ خدا کی حدوں کو قائم رکھ سکیں گے اور یہ خدا کی حدیں ہیں ان کو وہ ان لوگوں کے لئے بیان فرماتا ہے جو دانش رکھتے ہیں
Jab do dafa se talaaq hojate he tu tien se bhi hoga Sayyidina umer radhiyallahu anhu ki khilaafat men ijma howa ke tien talaaq tien hi hote he aur munkir ijma khaarij az deen hojata he.
assalamualikum,
i am a girl in my early twenties and have been married to my husband for the last 2 and a half years. I married him because he seemed quite religious from his outward appearance.i myself observe complete purdah and try my very best to fulfill all obligations towards Allah.i also have a son who is now 1 year old.
my husband and inlaws turned out to be extremely cruel and greedy..their demands for dowry just wouldnt end even after 2 years, My husband wouldnt pay for my expenses ,wouldnt let me meet my family and expected me to be a slave to his parents and sisters.His mother would call me and my family ugly names and lie to my husband about me. she often told my husband to divorce me.
i was ready to put up with all of this till my husband started abusing me physically aswell, by then it was just too much to take ,he started beating me every other day .I walked out of the marital house with my 3 mth old baby, my husband never said sorry and never asked me to come bak, after waiting for 9 months iv now applied for a khula in my home country(where my parents live,iv com bak to them).
I think it is impossible to live with him anymore ,firstly because he has not asked me to come bak,secondly because i now fear for my life with him and his family.
does taking a khula on these grounds make Allah angry?
and is taking a khula through a court ok?
nobody from his side has come to any hearing.
please answer my questions asap.
Wa alaykumus Salaam
Khula is acceptable in the eyes of shariah but it should be for a valid shari reason. ALLAAH mentions in the holy qur aan :-
[2:229]
Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah’s limits: such are wrong-doers.
The portion of the verse in bold explains khul’ah. Khulaa is actually the desolving of the marraige by the female paying or returning mehr in lieu of divorce.This has yo be agreed by the husband. Therefore there should be direct contact with him on the issue.The best method will be to send representative to his house to discuss the matter.
May ALLAH make it easy for you and grant a suitable solution.
Mufti Sahib, Salam
Your answer to me about my issue contradicts to following answer by Darul Ifta, Deoband at India.
ایک دفعہ میں اکیلا جارہا تھا کہ مجھے طلاق کے بارے میں خیال آیا جو کہ مجھے اکثر و بیشتر وسوسہ کی وجہ سے آتا رہتاہے۔ میں نے طلاق دینے سے بچنے کے لیے کہا [میں تمہیں طلاغ دیتاہوں]۔ کیا اس جملہ سے جس میں میں نے جان بوجھ کر طلاق نہ ہونے کے لیے طلاق کو طلاغ کہا، اس سے کسی قسم کی شرعی طلاق واقع ہوئی یا نہیں؟
21 Jul, 2009
Answer: 14667
فتوی: 1104=900/ل
[طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے، اگر آپ نے یہ جملہ صرف ایک مرتبہ ہی کہا ہے تو ایک طلاق رجعی واقع ہوگئی اور آپ کے لیے تاوقت عدت اپنی بیوی سے رجعت کرنا اور عدت گذرجانے کے بعد نکاح جدید بغیر حلالہ کے اس کو اپنی زوجیت میں لانا جائز ہوگا۔
Please help what should I do, you say Talaq doesn’t happen when alone without intention whereas Darul Ifta, Deoaband at India says it occurs. Whom should I follow. I am really confused & totally disturbed due to contradictions. Please clarify.
Wa alaykumus Salaam
Look at your phrasing of the question in urdu and when i asked you whether you said it out loudly you mentioned that you think you were only thinking and did not mention it out loudy.Therefore if you see the answer there is no contradiction that you make out.-
[[طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے،
Therefore its up to you to make up your mind of whether you did say it out aloud and whether you did think of your wife at that time. The ball is in your court.!!!
At the outset, I would like to bring this thing in knowledge that I’ve read it many sources that person suffering from waswasah utters the words of Talaq, it will not count.
Now in my case where I m sure I’m suffering from whispers about Talaq, I uttered the aforesaid sentence in low voice I mean not much loud & I had no intention of my wife with this sentence. And I had this thing in my mind for sure that Talagh word doesn’t constitute the actual Talaq.
Please furnish the answer keeping in view above details.
ASSALAAMU ALAYKUM Under such circumstances talaaq will not be valid. You have not given talaaq to your wife.
ASSALAMU ALAIKUM WA REHMAYULLAHI WABARAKATUHU.
1)KYA EK BADE JANWAR(COW, BUFFALO,CAMEL etc)MEI POORE KHANDAN KE NAAM SE SADQA KARSAKTE HAI(7 SE ZYADAH AFRAAD)?. YA SIRF EK HI KE NAAM KA SADQA HOGA? YA SAAT (7) NAAM KA SADQA HOGA?
Wa alaykumus Salaam
Agar sadqa nafli ho tu aik janwar ummat ke liy bhi kaafi hoga. Haan qurbaani men bare janwar 7 hissa hota he.Huzur aqdas salallaahu alayhi wa Sallam ne apni ummat ki taraf se aik janwar zabah kiya he.
I uttered ” Mai tumhe Talagh deta hon” in alone thinking Talaq does not take place
with Talagh word even if its pronounced with the intention of divorce. But I remember I had not
thinked about my wife while saying this sentence.
I saw Darulifta Deoband where it was mentioned in a ruling to someone that mispronouncing Talaq also causes Talaq to take place.
I got confused I asked Jamia Ashrafia, Lahore over the Telephone and they said Talaq has not occurred.
Then I contacted Mufti Muhammad Ibne Adam from UK over telephone he said he is unable to answer me and asked me to contact Darululoom Karachi.
I went to Jamia Binori Town, Karachi personally and they said Talaq didn’t occur.
I posted question on Alislam.co.za they said Talaq has occurred.
I posted question on Jamia Mehmoodiyyah they said after asking me details that Talaq didn’t occur.
I posted question on DarulIfta Deoband they said Talaq has occured. I got scared and confused.
I asked question from Madressa Ina’miyya grand Mufti Ebrahim Desai of South Africa who passed ruling that utterance of word in reference does not constitute Talaq.
I asked Mufti Ebrahim Desai to look after Darul Ifta deoband ruling about my case and he said he is certain it doesn’t apply on me. He asked me to place confidence on his ruling and close the issue.
Now I am thinking that I had referred the sentence to my wife. Now i have questioned from Mufti-e-Azam Mufti Muhammad Taqi Usmani sahib and
waiting his reply.
Please help me Mufti sahib.
Wa AlaykumusSalaam
when so many people gave you fatwa , i think it is sufficient. Practise on it and leave the issue alone. Otherwise do as you see fit and according to your concience.
assalamualaiku wa rehmatullahi wa barakatuhu.
deendari kise kehte hai?
ladka/ladkee deendar hai yeh kaise maloom haoga? deendari ki kya nishani hai?mowjudah zamane k mutabik ladka/ladkee ko dunyawi taalim hai(ssc,hsc,ba,doctor,engineer,teacher etc) aur is k saath NAMAZ AUR TILAWATE QURAAN MAJID KI PABAND HAI , AUR THODI BAHUT DEENI maloomat HAI TOH KYA AISE LADKA/LADKEE KO DEENDAR KAHE Ge? SIRF namaz aur tilawate quraan majid ki paband ladka/ladkee ko deendar kaha jayega ya nahi?
wa alaykumus Salaam
Deendaari ka matlab shariat ke ahkaam ko haqq maan na he aur ussi ko apni zindagim men laanaa he/ Namaaz waghaira shriat ka juz he aur yeh har muslamaan ke liye laazmi he. Koi shaks namaz chore tu woh faasiq faajir he.Dhariat ke do pehlu he.
1. Aamaal aur naiki karna
2, Shar aur bad aamaali se eraaz karna.
Dono pehlu ki pabandi hatal imkaan deendaari ka naam he.
Baaqi shaadi ke muaamala men har insaan apne khaahish ke mutaabiqchoonlete he lekin usmen behter yeh he ke deendaar ko fouqiyat de.
AOA
a man give three talaqs to his wife about 11 months ago and now they want to remarry after halala… they met many times after their seperation and have intercourse too..
what was the status of wife’s iddat…?? is iddat has been over after her three menses or not..??
is halala jaiz?
wa alaykumus Salaam
After three talaaqs the wife is haraam for her husband. If after talaaq they meet they are commiting zina and are sinful. The iddat remains the same as was after the talaaq, i.e. three haidh after the talaaq.
As for halaalaa , i have given a lengthy answer about it. If donr then it will be permissible but it is a shameful aact if donr by agreement which invites the wrath of ALLAH.
AOA
thanx a lot Mufti sb for ur guidance… May Allah reward you… Mufti sb halala hasn’t yet performed as firstly I want to confirm that the iddat period is over or not.. Now after your guidance I will proceed, but I need to confirm some more points;
As I know if at the time of nikah, halala isn’t mentioned and nikah has been performed without any condition (although one’s thinking is that this is done for halala purpose) it is permissible… is it so?
I m sorry if I said something against the ruling of Islam.. My objective is to live with my husband as I love him deeply and he too loves me… but I want to do all this in lawful manner… plz guide me..
wa alaykumus Salaam
your iffat ended after three cycles of haidh after the talaaq had been given.
Halaalaa , although permissible , is a disliked act.The instance mentioned by you will be permissible but in itself is disliked.I equate it to prostituting oneself in a halaal way.One thing to remember that ifor the halaalaa to be permissible, it requires full physical contact with the new spouse and also thereafter divorce and iddat has to be spent to clarify whether there is pregnancy or not.
Assalamulaikum,
I have a question for u, I once had my nekah done and it was then forcibly broken. I really love him and so does he. He still wants to get back with me. But the problem is (I dont know wat its called) that I have to get my nekah done with another man in order to get back with my old husband? What if i am unable to do that. Are there alternatives?
And one more thing…I dont know y i m asking and telling u this, but my parents are totally against my ex husband…do u know any Duas or anything that will help me convince my parents? I REALLY NEED HELP.
Wa alaykumus Salaam
Firstly and foremostly that which you do not know its word will only be necesary if three talaaqs were uttered.
If three were not uttered then remarriage is prmissible.The so called “halaalaa” will not be needed
Bohoth bohoth shukriya! Is this permissable in Islam that my parents have forced me out of my nikah?
ASSALAAMU ALAYKUM
No one can force you to break a nikaah. It is upto you whether upi wish to accept their recommandation or reject it.
By: Maimoona on September 29, 2009 at 11:32 pm
Assalam o Alaikum
If a person with the intention of divorcing his wife pronounces a statement in future tense will Talaaq occur like he says “I will divorce my wife” as I heard that Talaaq only takes place with past & present tenses.
Thank you
Wa alaykumus Salaam.
Intending talaq with future tense is actually informing of intention an not the act.Therefore no talaaq ocurs.
AOA MUFTI saab agar koe admi Allah ki qasam uthata hai k wo falah ladki sy kabi shadi nhi kary ga or agar taqder sy mera nakah us sy hogiya to main usay talaq dy doonga or is py kise kisam ki lachak ko use nhi kronga or agar is py kafara hai to wo b nhi ya kehta hai k main usy teen talaqain dy doon ga to kia wo ladki us par haram ho jaye ge. naiz mufti saab aap kahan sy talaq rakhty hain kia aap deoband sy munslik hain. Wa Alaykumus Salaam
Nahin woh lardki us par haraam nahin hoga. Haan Aap ne mustaqbil men talaaq dene ka shart lagaayaa. Talaaq waaqi hone ke liye app ko khud talaaq dena prega. Haan aaaaaaise ghalat qasm ka thorna behter he aur kaffaarah adaa karna behter hoga.
AOA Mufti mujhy aap ka jawab mila jis ny meri sari khushion pr pani phair diya plz mujjy wo tareqa batain jis sy wo ladki mujh pr haram ho jaye please aap ki badhi mehrbani ho ge.
Wa alaykumus salaam
bas un se shaadi karne se parhaiz kare aur kisi aur se shaadi karle.
Meri Rehnumai farmaye ga, mujhy Apky Jawab ka Boht jald intzar hy.
Meri sahdi ko 18 Months hogay hain. Meri Bewi ajj tak apny App ko hamary Ghr k Mahool kY motabiq nahi Dahal saki. Jab k ek larki 3, 4 Mahiny main apny ap ko Susral k Toor Tareqy or Mahool k Mutabiq Dahal leti hy.
Mashaullah who Pari Likhi hain or Samjhdar hain, Aucha Bura sub behtar Tareqy sy Samjahti hain.
Meri Bewi mery sath nahi rehna chati, Mery Waldeen or Tamam gahr waly unsy Naraz hain, Sub is ki Zaban Darazi or bury Rawaye sy Tang hain, Sub k bar bar samjhany or Tamam baton k bawood wo na mani or apny Bahi k ghar chali gai,
Kai Baar who keh Chuki hy k main Apky Ghar mian kouch nahi, mera Dam Guhta hy, Dil nahi lagta, Main apny Bahi k ghar jana chati haoo, agr mujhy phly pata hota k apky ghar ka Mahool is tarha hy to mian kabhi Shadi na karti, mujhy mery bahi k ghar choor Jana hy.
Jab k hamari shadi Tamam family or dono k Waldeen ki Razamndi sy hoi thi, or hum dono bhi ek dosry ko Pasand krty thy. mian ny kai barr unsy kaha k agar app nahi rhna chati to Saaf Toor par Batadejye taky main Waldeen sy or unky ghar waloon sy batt kr ky Masly ka hal nikal sakoon.
Ye masla koi ek bar nahi 7,8 bar hochuka hy pehly to main or mery ghar waly nazar andaz karty rahy k shayed abhi nai nai Sahdi hoi hay Adjust hony main unko Time lag jaye ga, magr jab unki batin or adat Haad sy barhny lagi to Majobran mian ny apni Walda ko is bary mian aagah kia. Unky bhi Piyar SY Smjhany ko koi Ehmiyat nahi di, or meri Walida sy Badsolki ki or meri Walida ko bura kaha.
Jab is bary mian ghar k degar Afrad ko Elm howa to wo bhi Samjhny k liye aye, magar unky sath bhi is Tarha ka Slook kia, jis sy sub ny unsy bat krna choor di….OR SUB NY GHR ANA BHI CHOOR DIYA.
Bat yahan par bhi bas nahi hoti, mian ny pher is bat ka Tazkiara Unky Bahi Bahbi sy kia, un Logon ny bhi unko bhot samjhaya, kuch din to Mamla theek raha magar phr kisi bat par Nazraz hojati.
3, baar unky ghar waloon ko bulwany k baad, or mery Waldeen k samjhany par unki kisi adat mian tabeli nahi ai. Balky mujhy bhi bura kehny lagi k ap mera sath nahi dety.
Har tarha ki Masalihat or dono taraf sy smjhany k bawjood wo apni adat ko badal na sakin, Ab mian bhot majboor hoo, mery Waldeen or tamam gahr waly mujh sy Naraz hain. wo mustaqil azziyat ka shikar hain, mian bhi unsy bhoot tang hoo.
Main or meri Bewi dono Pary likhy or samjhdar hain. Mian ny unko Shadi ki Pehli Rat sy LEKAR Akhari Rat tak yahi smjhaya ky dekho MAA, BAAP ko kabhi Narz na karna, Unki kuchi main Hamri Khuchi hy or unki Narazgi or Nafarmani na krna.who chay jitna bhi kuch kahin app aram sy sunna or mujhy batan, kabi Zaban Darzi na karma.
Mera Talooq Mazhabi Gharnay sy hy, or wo Ek Azad or khuly mahool sy Taloq rakhti thi, who yahi chati thei k unko koi Rook Took nahi ho, Jo Dil mian aye karo. MAA, BAAP or SHOHR ki Hasiyat nahi, KEHTI THI K mian khuly mahool main rhna chati HO, mian ny har tarha unko Deni or Dunyavi TARHA sy agah kia k jis tarha ka Rawayya hy whoo kisi Tarha bhi Theek nahi, Tamam baton sy agahi di. Meri khai hoi choti choti bat unko buri lagti. Meri walida koi bat samjhati to wo bhi buri lagti.
AB UNKO GAHR MIAN RAKHNA MERY LIYE MUSHKIL HOGYA HY. AKHIR WO MIJH SY NARAZ HOKAR APNY BAHI BAHBI K SAHT UNKY GAHAR CHALI GAY HAIN. MERI WALID OR WALIDA UNSY ISI BAT PAR NARZA HOTY HAIN K YAHAN REHTY HOI HAR TAKLEF HOTI HY MAGAR JAB APNY BAHI K GHR JANA HOTO FORAN TAYYAR HOJATI HAIN.
SUB GAHR WALON OR WALDEEN NY MUJH SY SAAF KEHDIYA HY AB WO MERI BEWI KO IS GAHR MIAN BARDASHT NAHI KARIN GY, JIS NY HAMARI ITNI NAFARMANI KI OR GHAR KO GHAR NA SMAJHA.
IS WAJA SY MUJY BHI AB KOI EK RASTA APANA HOGA.
App meri rehnumai farmye k mian kia karoon,
1. Aya mian unko Talaq dy kar Azad kr doon..?
2. Unko Talaq na doon or Bahi k Ghr hi Rhny doon, unka Saman or Degar Jeheez ka Saman wapis bhjwa dion…Taky wo whan Khoch rahin or apni Marzi sy Zindagi guzar sakin?
3. Meri Walida or tamam ghar waly unko Wapisi ki ejazat nahi day rahY or mian bhi nahi chata k wo wapis aakar koi naya sadma phonchayin…? jo larki 18 mahiny mian apny app ko na badal saki us sy kia umeed rakhi jasakti hy. Mery Waldeen Zaeeyef hain or ghar mian ek Chaoota bahi hy.
4. Jab bhi hamari larai ziyda hoti thi who keti thi k mujhy kabhi chorye ga nahi, cahy ap mujhy mery bahi k ghar choor ayein. Is Soorat mian kia apni Bevi ko Talaq na dekar Dosri Shadi karsakta ho, hamri koi Oulaad bhi nahi hy..? uski SHARYEE hasiyat kia hy.???
5. Meri Bewi 6 Bahion ki Akloti Behan hy, meri Saas ka intqal hocuka hy…..main ny us Phely Rat sy lekar Akhri Rat tak kai bar kaha k mian tum ko kabhi nahi chooro ga magar tum ko MERI MAA OR BAAP ko kabhi naraz nahi karna. magar inhoo ny HAR BAAR wahi kia jisy mian ny mana kia..Bhot bar mery walida ky sath zaban cahlye, Walid sab k sath Zaban darzi ki..???
6. Sharyai tor par kia ye Jaez hy k mian apni bewi ko Choor do, azad kardoon k wo apny bahi k ghr hi rahy, mery gahr waloon sy koi taloq na rakhy. Or main unsy kabhi kabhar jakr milta rahoo. Jab meri marzi ho?
Mujhy Umeed hy k app mera msala jald Quaran-o-Sunnat ki roshni mian hal frmadin gy…or mujhy is mushkil sy nijat dain gy…
Main apka mamnoon rahoon ga.
Jazak Allah
Wassalam
B. Abdul
Wa alaykumus Salaam
Janab kisi mas sale ke hal men uk tarfa shikaayat se fffesla nahin hoti. Dono tarafain ki baat sunni parti he.Men aap ko mashurah is masala men uswaqt tak nahin de saktaa hoon jab thak unke shikaayaat bhi sunne.
Aik baat yaad rakhna he ke biwi ko apne quaters(matlab sone ki jagaa aur pakaane ki jagaa jo baaqi se alk ho) unka haq he.Har shakhs apne andaaz aur apne tarbiyat ki aadi he.Kitya app unke waalidain ke andaaz apnaaoge?
fesla aap ke haath men hai. Jo aap munaasib samjhe , wohi kare.
Assalamualaikum mufti saheb i wanted to ask dat one day i and my husband were talking of his cousin who gave divorce to his wife. While talking my husband said usnd usko talaq di i told him not to utter those words as i get really scared then he asked me ‘accha divorce divorce divorce boluga toh chalega?’ merely to confirm if he can utter those words in englsh i got scared and told him but dont use those words he said khuda janta hain meri niyyat main bas poonch raha tha khuda ko malum hai. Is dis divorce?
Wa alaykumus Salaam
The mere utterance of talaaq does not constiitute talaaq.For talaaq to take place the husband has to address the wife and then tell her he is giving talaaq. Here he replied to you stopping him from satying talaaq and mentioned should i use the english word for it? Therefore no talaaq.
If a husband says “You are divorced” to scare his wife so he can get her to calm down and had no intention of really divorcing her and one minute later she has calmed down and they are happy, does that count as a divorce?
Assalaamu alaykum*
The utterance of talaaq or divorce by twelling the wife you are divorced constitutes talaaq. Talaaq is not a thing to be played with and its consequences are grave. Talaaq has taken place as Rasulullaah salallaahu alayhi wa sallam said
talaaq whether said in jest or seriousness both takes place” (tirmidhi)
mufti sahib really thankyou for answering my question… i m so much relived now.. may Allah shower his blessings unto you and may you alwayz live happily in this world and also the world after… Allah aapko jannatul firdoz de… aameen
If a husband is to tell other people that he has divorced his wife (while the wife is away and she does not know) is that classified as talakh ?
Also the husband lies to the wife that he never said the above yet the wife has more then 3-4 witnesses who are not connected or linked in anyway who claime he boasts to people that he is not married and has divorced his wife a long time ago.
Please note that the husband has a history of lying and cheating and the witnesses are ghair women and people not linked as family.
Would appreciate the correct ruling.
The wife now believes she is divorced.
Thank you
Salaam
Wa alaykumus Salam
You need to consult the local ulema who will be in the position to listen to both sides of the story and then only can they give verdict on the issue. By listening to one side is not permissible to give a verdict as there is denal from one party.
So then intention is not necessary for a divorce to take place? Do the 4 schools of thought differ on this? (Only because I thought I heard before that intention was necessary). What if a man says I divorce you to his wife while she is menstruating or bleeding from a miscarriage, or even after birth? Would that divorce count? As salamu ailakum. Please forgive me for not saying it before, but I wasn’t even sure if my question would be answered.
Wa alaykumus Salaam
All four math haahib are unanimous that talaaq occurs when addressing the wife with the words of talaaq, whether intended or not.of talaaq.
In a hadeeth rasulullaah salallaahu alayhi wa sallam has mentioned:-
الطلاق جدهنّ جد و هزلهنّ جد
In talaaq whether talaaq is intended or said in jest it will take place. (bukhaari)
Plus above the response you gave to me, you replied to someone else and said “The mere utterance of talaaq does not constiitute talaaq.” Can you explain the difference?
Assalaamu alaykum
The mere utterance refers to a person using the word talaaq to himself or reading about it. When a person sits and says talaaq without addressing it to someone or intending his wife then there will be no talaaq. While studying islamic studies and you come across the chapter of talaaq and all the words that constitute talaaq to be read, the reading it does not cause talaaq to occur.
If a Husband states to a wife in an email the following for the first time.
“As far as Islamic divorce i have already said it 3 times and we both know you are no longer my wife and that we are divorced”
Is this a divorce?
wa alaykumus Salaam
Varification will be required to make sure he is the sender of the e0mail. Before that no verdict can be given as it is possible that it is forged.
assalamualaikum…..
once when i and my husband were fighting… i said ‘main mummy ke ghar jaa rahi hoon’ he said ‘ja apni mummy ke udhar’ in anger and then he said ‘nahi mangti hain tu’ widout intention is dis divorce? coz after one hour i asked him what did he meant by saying it he said’ arre baat ko kaha se kaha le jaa rahi hain tu i said dat in anger dint mean any thing jus dat u made me angry’ is dis divorce mufti saheb?
Wa alaykumus salaam
words of talaaq are of 2 types
1. sareeh(clear) and no intention is required.
2. kinaayah (unclear) intention is required
The type od arguement and response are from kinaayaat. Intention of your husband will count.
I also heard that if divorce is said in extreme anger, where the man did not realize what he was saying until later, that it would not count? Is this true, or is this also rumors about islam? As salamu ailaikum.
ASSALAAMU ALAYKUM
May i ask who gives divorce when they are happy and calm? None. We have been ordered by the quraan to swallow our anger. If we dont we have to bear the consequences.
I know many people who things were not working out for so they sat down and decided together that it would be best for them if they divorced. I don’t think they were happy but I believe they were calm and rational. Are you saying then, that if someone is not calm or rational and in a fit of anger and they don’t realize what they are saying, a divorce said in that state would count? As salamu ailaikum.
Wa alaykumus Salaam
Anger is from shaitaan. His aim is to destroy family ties and by doing so cause dessent and havoc in society. Therefore anger is haraam. Talaaq mentioned in anger is accepted and valid because Rasulullaah salallaahu alahi wasallam mentioned that talaaq said in jest or inn anger both are regarded as talaq.
Last question, insha Allah. Drugs and alcohol are from Shayton too so does that mean a divorce given while under those influences would count as well, because I heard that they do not? Are you saying then, that any time a man says you are divorced to his wife it would count no matter what in Islam? No exceptions? As salamu ailaikum
وعليكم السلام
The consumption of wine, alcohol and drugs are all haraam and forbidden. By breaking the command of ALLAH we are defying the decision of ALLAH. On doing so we will be answerable for our utterances while under influence of these intoxicants. Therefore while in this state a person who utters the word talaaq to his wife then it will be valid and accepted in islaam.(As punishment for his sin)
In the hanafi school, If a wife has a 3rd divorce does she have to wait for the idda period to end before STATING her intention to marry another to that intendant?
And also from all 4 schools, if a husband says you have the second divorce, is that a valid divorce? As salamu ailaikum. I’m sorry for the ’schools requirement” in the question but I am asking these questions for 2 different people and 1 strictly follows hanafi, and the other follows sunnah so aacepts all 4 schools.
ASSALAAMU ALAYKUM
Acceptance of any proposal during iddat is forbidden
ALLAH TA AALAA mentios in surah Baqarah
{ وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُمْ بِهِ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِيۤ أَنْفُسِكُمْ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـٰكِن لاَّ تُوَاعِدُوهُنَّ سِرّاً إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفاً وَلاَ تَعْزِمُوۤاْ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَابُ أَجَلَهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِيۤ أَنْفُسِكُمْ فَٱحْذَرُوهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌ }
[2:235]
There is no sin on you if you hint as a proposal to the women, or conceal it in your hearts. Allah knows that you will make mention of them. But do not make a promise to them secretly, except that you speak in a recognized manner. Nor resolve upon a contract of marriage until the prescribed time is reached. Be assured that Allah knows what is in your hearts. So, fear Him and be assured that Allah is most Forgiving, Forbearing.
As for the secomd question the qur’aan mentions that divorce that is revocable is twice in surah baqarah
{ ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَٰنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ آتَيْتُمُوهُنَّ شَيْئاً إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِ تِلْكَ حُدُودُ ٱللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَـٰئِكَ هُمُ ٱلظَّٰلِمُونَ }
[2:229]
Divorce is twice; then either to retain in all fairness, or to release nicely. It is not lawful for you to take back anything from what you have given them, unless both apprehend that they would not be able to maintain the limits set by Allah. Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release. These are the limits set by Allah. Therefore, do not exceed them. Whosoever exceeds the limits set by Allah, then, those are the transgressors.
I don’t mean is it an irrevocable divorce, I mean do the words “you have the second divorce” make a valid divorce in all 4 schools of thought? As salamu ailaikum
WA ALAYKUMUS SALAAM
yes it is a valid talaaq.
if a woman who had a histerectomy in her 30’s so she no longer gets a period and then at age 40 she gets divorced, according to hanafi and then the other 3 schools does she have to wait until menopause (55 years old) to remarry, or 3 months? And if it is 3 months, do you know what the confusion is about having to wait until menopause? and if it is that she does have to wait 15 years, why is that? I always thought iif you get a histerectomy and stopped having a period, that is menopause. Do some schools disagree with that?
ASSALAAMU ALAYKUM
hER IDDAT PERIOD WILL BE THREE MONTHS.wAITING TILL THAT AGE IS NOT A SHARII ISSUE.nORMALLY A WOMAN HAS HER MENOPAUSE IN HER FIFTIES, BUT AS YOU MENTIONED IT OCCURRED AFTER THE OP. tHEREFORE NO CLAUSE OF AGE. ALLAH MENTIONS IN SURAH TALAAQ,-
وَٱللاَّئِي يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاَثَةُ أَشْهُرٍ وَٱللاَّئِي لَمْ يَحِضْنَ وَأُوْلاَتُ ٱلأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً }
And [as for] those of your women who (read allā’ī or allā’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months — both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.(fROM TAFSIR JALAALAIN)
if one was wrote an email a mufti saab asking for clarification on his talaq issue and then in his writing or he says that i said “such a such to my wife ”
if the mufti saab says to him it is talaq rajee.
becuause he is qoating word for word what he had said to his wife does this count again.
what i mean the email and the words he is quoating exisit again even if he is qoating from a previous conversation.
ASSALAAMU ALAYKUM.
qUOTATION IS NOT ONES WORDINGS BUT RATHER THE REPETITION OF PREVIOUS WORDS. bY MENTIONING TH WHOLE DETAIL OF A PREVIOUS CONVERSATION WILL NOT BE A NEW CONVERSATION. hENCE NO NEW TALAAQ.
Assalam o Alaikum
I was standing in front of mirror and uttering following
“Talaaq deta hon nahi…. deta hon , deta hun nahi, deta hun kisi ko bhi nahi”
I uttered them while in alone and without the intention of divorcing my wife.
Please state if any Talaaq took place or not?
Wa alaykumus Salaam
No talaaq takes place
We married in the month of april. After quarrel and unavoidable circumstances I came back to my mom’s house i.e., after two months of my Nikah. I asked my husband over the phone to written my furniture and other stuff given during my marraige. He replied”No”. Then I asked him that I’ll go to court to get my furniture back as I don’t want to stay in that house. I asked him to divorce me due to his misbehaviour and other issues. He was insisting in saying I will not divorce you. Next day his elder brother came and returned my furniture and asked me to sign on the divorce paper he brought with him. I didnt signed. In the divorce paper (Talaq, Talaq,Talaq, Talaq e bain) This is how it was written. Then after 5 mins my husband called me and said I have not divorced you, it is you who had asked for divorced. When I didn’t sign and didn’t written those divorce paper to them then again I got a paper from the Qazi office in which only (Talaq e bain) this word was written. This is how two divorce on the stamp papers I have recieved.
After a month’s period my husband chat with me online and said that “I cant stay without u. I never divorced you. When Qazi asked me to utter Talaq, I did not. I sealed my lips. I have just signed the divorce papers he gave me. I want to be reunited and I m ready to keep you in a seperate house. He also told me that In islam if a husband gives divorce to his wife being pressurized by wife then the divorce is invalid.
On 25th sep according to first divorce paper I will complete my iddat and on 27th sep according to the 2nd divorce paper i will complete my iddat.
I and my husband never had actual sexual intercourse and I am still virgin. But he has touched me physically and slept with me without clothes. I never allowed him to have sexual intercourse becoz he told me that I wud have no rights on my kids and all my kids decision wud be taken by my husband’s father. (Which I found is not according to shariah, being his wife even I have rights on my kid whom I ‘ll concieve and bear pain for 9 months).
Question:1 (As I m virgin, do I need to follow iddat period?)
Question:2 (Is my talaq valid as he divorced me being pressurized by me?)
Question:3 (In first paper “Talaq” is written thrce with “talaq e bain” and in second paper only the word” Talaq e bain” is written. Which paper should I follow and can we reunite without halalah?
I am very tensed and in a delima whether i m still married or divorced. Whether I shud perform iddat or not. (since last three month I had performed 3 month iddat which will be completed on 25th or 27th sep).
Question:6: After Iddat period also can we reunite without halalah?
Question: 7 (If talaq e bain has happened between us then does it mean 1 irrevocable talaq or 2 irrevocable talaq?)
Question 8: (Please clear whether we can still unite or not?)
Please answer me at the earliest.
Allah hafiz
Wa alaykumus Salaam
1. since khalwat saheeha (seclusion for a period of time where husband and wife are in total privacy) has taken place , Iddat will be compulsory
2. Talaaq uttered or agreed upon by the husband is valid. The talaaq falls through.
3. writing of three talaaq and then mentioning talaaq e baain does not make any sense. If three is uttered or written then the talaaq gven and it will be mughallazha, whereby remarriage can only take place after you marry someone else and he divorces you and you spend your iddat from that marriage. I would like to know if you have the first copy in your possession? Iddat will count from the first letter received informing you of your talaaq.
4.If the first letter is in your possession and it clearly states the talaaq word thrice then you will not be allowed to remaarry unless you marry another first.
5. Talaaq bain refers to one irrevocable talaaq.
Thanks a lot to clear my doubts.As u asked me to send u my talaq papers. Please tell me where I can email or fax it to you?
Please pray for us. We are three sisters staying with our mom who is an arthiritis patient and stays on bed completely. We have no meheram. We have no father. We three work and follows strict pardha. Unfortunately the man whom I was married decieved me and divorced me. So please pray for we three sisters to get the best husband at the earliest, Please ask Alllah to send a man who follows islam practically in his life, who fears from Allah and who knows the responsibilities towards his wfe, who knows to respect his wife and this beautiful constitution of marraige.
Also please tell me how we can get the groom. As we follow strict pardha, we have no contact with any relatives as we dont want this divorce to be disclosed to others and unneccessary question asked by others which can lead the worst health of our mom. How we can get any good rishta for us? How we trust any man? Who will verify them for us? What islam says about these kind of situations? Should we just leave thinking about our marraiges and work for the whole life. We will do this but we are scared from our mother’s health. All these kind of situations have made our mom very upset. WE three ssters and our mother follows islam strictly and do do ibadaat a lot. We have believe on ALLAH. But please suggest us that how can we get married as we have no mehram, no man in our house to inquire about any man. How others will come to know that there are three daughters in this house who need to get married. Our age is 24, 23, and 22 respectively. WE three are working since the age of 18 yrs and staying with our mom and leading a luxirious life. But we have no mehram in our house. Since childhood we are staying with our mom all alone.
Please tell us what best we can do as per Islam to get this issue resolved and get married. We go to the office and come back from the office then take care of our mom. Other than this we never go out.
Eid Mubarak to you All. May Allah give the best to you all in world and akhirat both. Thanks a lot to answer my previous question. Also please tell me whethere today on the occasion of Eid can I get dressed up as my iddat period will be over on 27th septhember. I want to get dressed up for my mom and for the wish of Allah as he has blessed me with the ability to fast and do ibadat.
Allahafiz
Wa alaykumus Salaam
May ALLAH make it easy for you all.
You all should try and read the following ayah41 times after every fajr and asr salah
Rabbi laa tazharni fardow wa anta khairul waaritheen. Insha ALLAH you will be blessed with marriage and offspring.
While in iddat of talaaq you may dress up but not leave the house
You didn’t answer that where I can fax you or email you my divorce papers which I have recieved from my husband, so that it can be clear whether we both can reunite or not.
Do remember us in your dua. Specially our mom who cannot walk due to severe pain since last 2 years.
Thanks Again! Wa alaykumus salaam
You may send the copies on my e-mail : jaamiahamidia@live.co.za
Salaam
I have a question regarding divorce. During a heated conversation, my husband asked me “shall I say it talaq talaq” to which I replied “no dont say anything” and he said “I havent and wont say anything but leave the room for now” – how do we stand as far as the nikah is concerned?
Wa alaykumus Salaam
your nikah is intact.He asked you and did not say it.
Assalam o Alaikum
1) If a person is offering Salah alone, Can he do recitation during Qayam little louder so as to attain attention during Salah.
2) If a person remembers that he has given Talaaq to his wife in the past but he can not for sure recall if he has really given Talaaq to his wife. Such thoughts keep crossing his mind on and off that possibly he has given one Talaaq to his wife in the past but is not sure of it on the other hand. Will this thing which often comes across his mind constitute one Talaaq or not according to Shariah?
Wa alaykumus Salaam
if a person reads salaah alone and in eclusion(not in masjid) then he may read loud or soft. He should not disturb others performing salaah with his rectal.
2. Slysqeen laa yazulu bish shak.
Assurity is not nullified by doubt.
This is a principle of islamic fiqh. Since you have doubt wether you divorced or not it will not constitute Talaaq till you are definite it was given.
salam.hamare rishte daro me aik ne talak de di he lakin ab wo rajo karna chahte hen unho ne aik kagaz baja tha talak ka lakin us per 3 dafa talak likha huwa tha lakin wo kahte hen ke 3 dafa talak bejne se talak hoti he halake us kagaz per 3dafa talak likha tha ap bataen ke kia wo rajo kar sakte hen.
Wa alaykumus Salaam
Talaaq likne se hota he. Agar tien baar lafze talaaq likhte he aur biwi ko dete he tu tien talaaq hojaate he. Jab tien talaaq ho tu mard ko ruju ka haq nahin.
I have sent an email to you with the attached Divorce papers. Till now i have not receved my reply. Please reply me at the earliest.
Emal id: jaamiahamidia@live.co.za
Allah hafiz
Jazaakumullaah your e mail is recieved
will anse\wer after consultation with the other muftis
, insha ALLAH
Mufti sahb i have previously posted u as well plz see the question on
Amir Ali on July 4, 2009
i replied your questions on
Amir Ali on July 7, 2009
i realized later that i uttered the word talaq my nay tumhay talaq dee using my wife name
although thr was no intention no burning arguments it was just loud thinking
please clearify
Jazak Allah
Brother ASSALAAMU ALAYKUM!!!
i ASKED OF YOU IF YOU ADDRESSED HER OR NOT AND YOU SAID YES. wHAT TYPE OF LOUD THINKING IS THIS THAT YOU ADDRESS YOUR WIFE AND DIVORCE HER?tALAAQ IS NOT ONLY GIVEN IN ANGER OR IN ARGUEMENT BUT AT CERTAIN TIMES AFTER PONDERING ONE CAN COME TO A CONCLUSION THAT CARRYING ON WITH THIS MARRIAGE IS NOT ADVISABLE AND THEN HE DIVORCES HIS WIFE. LATER HE REGRETS IT. iF TALAAQ WAS ONE THEN YOU CAN RECALL YOUR WIFE IN IDDAT AND RE MARRY AFTER COMPLETION OF IDDAT.
By: amir ali on September 27, 2009
at 3:21 pm
&
By: amir ali on September 28, 2009
at 5:45 pm
i was not thinking that carrying this marriage is not possible even i was just thinking how people do this and i uttered may tumhay talaq deta hoon using my wife name.
please get me out of this problem jazak Allah
Assalaamu alaykum
If you did not address your wife nor were you thinking of talaaq and giving her talaaq but rather day dreaming and imagining how to give talaaq, then no talaaq takes place.
sorry to distrub you again i was u can call daydreaming and thinking or assumed for that time being that i am giving divorce and at that instant i used word may nay tumhay talaq dee at that time it was in my mind that i am just supposing a situation.
i spoke that words when i was alone talking to myself.
plz give me the final verdict and suggest how can we reunite plz note this incident took place more then 3 months before.
ASSALAAMU AALAYKUM
answer has been given .
salam mufti sahib
i did love merriage and it is just nikah..still rukhsati is not done..muftisahib me end my husband faced many problems with in 2 months of our nikah.and all of the problem were due to his famly & i love him but isaid many times …ky tm mari tarf sy azad hoo…or ya koi divorce ya sepration ki bate nai te.my intention was to say him do chill and enjoy with ur family main tmhain khuch nai kahoon gi even u can chill wid girls…but kahi bi intention divorce ka nahi ta
widin lat 2 weeks he told me a wrong story and i said him i want sepration and sepration means ky i will live in pakistan and he will live in abroad…
one day he was angry wid me i wa too much upset and i said her i need divorce and he simply said sayto ur mom then i will see..and i agin called him and said him why r u doing this u knw i cant live with out u………..
he never ever aid to me the word divore…and last night some told us when wife asksabout divorce then its the responsibilty of husband to do this otherwise both of them can say sorry to each other
so i wrote a n email to him that it was just in anger and i dont want anything i do tooba and inshallah next time i will be careful
pleae tell me
is it a divorce or what should we do for keeping this relation good according to islam
Wa LAY kumus Salaam
The utterance of the husband is what takes effect in a marriage, not that of the wife.She can scream till she turns pink mand blue “divorece, divorce” and nothing will happen.If no utterance from him then there is no divorce.
Assalamu-alaykum
I would be grateful for your advice on the below.
My husband sent me an unclear short text message saying ‘u r nt stayn n i hvn n gvn u 1 divorce 2 to go n we r dun
I replied asking for clarification ‘what do you mean – if I stay at my mums you’re giving me a divorce?
He then sent me a message saying ‘Obviously thats what I mean’.
Due to this, I did not stay at my mums and returned home.
Please tell me how we stand with our nikah and also would I be allowed to stay at my mums with the permission of my husband in the future? I would like to also tell you that he did not stipulate I can never stay – it was for the time in question only as I have asked him for clarification. wa alaykumus Salaam
This talaaq is known as talaaq fouri. It means with immediate effect only. Once the condition set out for talaq is cancelled then no talaaq takes place and allows an individual to do that thereafter. yes it will be preferable to ask for consent prior to doing so to prevent any complications and unnecessary problems.
assala-o-alaikum, I will be really thankful if you can help me regarding my issue. I had a fight with my wife last week and during that I said I don’t remember the words exactly but i ask my wife 3 time about my words she told me that you were saying if you take my kids to your parents home you’ll(she) will be divorced 3 times. I ask her three times this is what she told me. As i said i don’t remember anything what i said it could be either if you take my kids to your parents home you’ll be divorced or if my kids go to your parents house you will be ???? or if you take them to your parents house without my permission. I am living in canada and her parents are in pakistan and my older kid is only 4 yrs of age he can’t go by himself seems like the ist statement that she is telling me is right if she takes my kids anyhow i wann a know if i can either change the condition rather than her if i take them or anybody else take them. secondly how can i remove this condition if i want. Please brother help me in this regard as Allah will give you jaza for that for showing me the right way. I don’t want to do anything against shariah but this is the biggest mistake of my life.
jazak Allah
muhammad
wA ALAYKUMUS sALAAM
tHE STATEMENT WAS MADE IN ANGER AND IT WAS CONDITIONAL. oNCE THE ANGER SUBSIDES YOU HAVE THE RIGHT TO NULLIFY THE CONDITION. tHEREFORE THEY MAY GO AND NO TALAAQ EILL TAKE PLACE IF YOU ALLOW THEM TO GO.
Thank you very much for your reply
I have one last general question – if one is uncertain if they have effected a divorce in the past or not or cannot remember their intention on whether they gave a valid/conditional divorce or not – how would the couple stand.
Jhazak Allah Khair
ASSALAAMU ALAYKUM
There is a principle in Islam,
“alyaqeenu laa yazoolu bish shak”
A definite issue is not effected by doubt.
If you have doubt in an issue whether it took place or not , the doubt is not valid ttill there is proof of it having taken place. Therefore in these doubtful thoughts there is no effect.
my question is my wife married to me last year in augest wihtout her parenst permisson & knwoleg after that as my reqeust my wife inform her parents and they angy as usual on this status then she leave her home and live wiht me 1 month after that they perants show to her that they are agree and accept our weding but when she go home they fornt of her cry and say that what we tell to our faimly that u married iwhtout us and etc then my wife withotu inform me go to sharia council and apply for divorce but still our divorce in pending so i want to know wht to do that stop this divorce as my responsiblty i try to her all famly member but they not be helpful bcz they replay to me that i married to her bcz of UK PASSPORT bcz my wife birthis
ASSALAAMU ALAYKUM
You should have at least taken permission from her parents before taking such steps.Now if the wife is demanding divorce then you should discusss it with them.For me to give you something to change their thoughts is haraam and forbidden.
By: Mohammad Gullam Mustufa on October 10, 2009 at 1:04 pm
Assalaamu alaykum
I asked you a question over a week ago regarding a text message I received from my husband approximately a year ago and the clarification I sought from him. I received your answer but recently I have started to experience bad thoughts and started assuming in my head that what if I am actually divorced. I keep whispering to myself what if I am divorced by the text received despite the fact I know from your answer this is not the case –
when people talk of divorce around me I start shaking inside and the above thoughts keep crossing my mind again. I am very worried and distressed Mufti Saheb – I wake up in the night and cannot go back to sleep for hours thinking about the message I received. at times I even feel like crying – I need your urgent help in overcoming this matter.
Jhazak Allah Khair
Wa alaykumus Salaam
these are waswaasi thoughts (shaitaani thoughts) and therefore i encourage you to make a habit of reciting the three quls with bismillaah three times each every morning and evening (after fajr and maghrib salaah) blow in water and also on hand and rub over body. Drink the water as well.
I am living in overseas and i had fight with my wife over the phone then somehow i said ” MAI TUMHAIN as i said that the line dropped and i continues TALAQ DETA HO” ( just once ) after that i immiditely realize what i have done, i redail the number and asked her did she listen any thing she replied no she didnt because of the line drop. now my question is, is this is this TALAQ really happened and if it is then what should i have to do? i know i’ve got still rights to make RUJU as it was only one TALAQ but now for some reasons if cannot go back to her within iddat what should be the next step. i told her after that, that this is what happened we both regret alot and promise ourselves that this thing will never ever happen again but what should i do now ?
Wa alaykumus Salaam
Talaq is valid and you may make ruju by simply calling her and telling her i make ruju. That will be sufficient and make someone a witness to it.
Assalamu-alaykum
I took your advice to read the three quls after fajr and maghrib salah and alhamdulillah my situation has improved but I get some bad thoughts/feelings. I keep thinking what if I misinterpreted the text I received and the answer. I know I clarified it by text but didnt discuss it otherwise.
I keep thinking what if he meant I am giving a divorce regardless. I know this is my thinking and I dont know why these thoughts have entered my head slowly but they started to take over me. It has been that long now that my husband wont be able to remember anything for certain.
Only Allah Ta’Allah knows the reality but I would like to know will one be held accountable even if one has doubtful thoughts and cannot remember anything for certain or does the fiqh command you to accept what you suspect?
Wa alaykumus Salaam
The is a principle in fiqh ” alyaqeen laa yazulu bish shak”, the definite will not be effected by doubt. You are definitely married and the doubt of talaaq will not effect your marriage until it can be proved with certainty.Therefore your nikah is intact.
I m blessed with a baby boy on 1st July 2009 and My Husband gave me 1st divorce on 2nd July 2009, then after so many more insults he came with his mother, father and big brother. My family talked with him n after doing a happy ending it was decided that I will go with him after some days. He was asked to come daily to c me. But again he got misunderstanding and he is still fighting with me that u have to come urself , i cant come to pick u, as my 3rd menstrual pause is nearly to be started.
Please let me know that as he came for ruju n went with a friendly mood but i m still at my mother’s place…..so the ruju has done or it will be said to be done after our sexual course?
Please let me know soon as time is less.
ALLAH Hafiz
Wa alaykumus Salaam
Verbal ruju is sufficient. Try and return home to your husband as quick as possible.
assalamualaikum mufti saheb… my question is once me and my husband were having a conversation about quran and he told me dat he read it in the afternoon when i was asleep… i told him i saw u reading it.. at hearing this he told me in a humorous tone ‘tu chali ja’ widout the intention of divorce meaning why were u looking at me i wanted to read it widout u watching me… after dat sentence he paused ansaid ’spying agency mein ja’… mufti saheb m reallly scared is dis divorce…
Wa alaykumus salaam
No it is not divorce but rather sarcasm from your husband.
what kind of niyyat is a person suppose to have during kinayat divorce?
“ASSALAAMU ALAYKUM”/???11!!!!
When in arguement and a person intends that his wife be seperated from him and uses words which normally do not mean talaaq then it will be regarded as kinaayat. If he uses such words without intending talaaq then it will not be talaaq. Example, Go and liove with your mother. It will not be regarded to be talaaq unless he intended it.
Assalam o Alaikum
Alhamdolillah a baby boy is born safe & sound to me on Tue, 28th Oct and I want to do Aqiqa on next Tuesday for him.
1) If I am out of pocket for Aqiqa can I borrow some money for it as I heard its very virtuous to do it on 7th day after birth & I pay the money off after some time.
2) Is it ideal to slaughter 2 goats on 7th day? Can I slaughter on 7th day and distribute its meat among relatives / poor after few days. Will slaughtering be sufficient for Sunnat irrespective of distributing its meat on any other day?
3) Can I also cook whole meat & feed my relatives?
4) Is name of baby should be kept on 7th day as a Sunnat / Mustahab?
Wa alaykumus Salaam
1.) Aqeeqah may be done on the seventh or in circles of seven days thereafter.It is a sunnah and it would be better that a person does not take a loan. If the loan is non intrest based then it will be permissible if it will not cause financial strain on the individual.
2.)Yes the slaughter on the seventh day is sunnah. If there is delay in he distribution of the meat then it will not be a problem.
3. ) One has the option to feed the people and partake of it himself or if he wishes to distribute the meat and keep some for himself as well.
4. It is a sunnah to keep the name by the seventh day.
I m Madiha who had asked u the question regarding first divorce on 24th October. Please let me satisfy with ur answer again.
My husband when came didn’t used the word RUJU and neither said that he has come to pick me. His elder brother said only once that we have come to pick me with them and then my husband started blaming me infront of his and my family when i was not sitting there.
I belong to Ahl-e-Hadith fiqah. please let me know the answer in this light.
I m really thankful to u.
Madiha
wa alaykumus Salaam
Firstly i am not acquinted with the so-called ahle hadith fiqh and therefore cannot answer in the light of their fiqh. I therefore abstain from answering.
Assalam Alaikum Mufti Saheb Answer must be in “Quran & Hadees” with verses thanx Allah bless on uss…..
1. My mother is not happy with my wife as per Quran and Hadees Mother and Father is important than wife. If mother is telling that u Divorse to u r wife can i do???? please give the referese of Quran and Hadees i cant leave Mother/Father as well as my Wife now tell me what can i do???? Please give me the answer as soon as possible. I try 100 times to solve but they cant stay in One slab means same flat….
Wa alaykumus Salaam
I think you got the stick at the wrong end. The issue is that you have failed to provide your wife with a seperate living quarters where no one has control of except her. The living quarters is her own private room , bathroom and kitchen.You are asking for the impossible today if you think you could keep them all happy under one roof. In a hadeeth narrated in the sunan of abu dawood and ibn majah it is mentioned that Rasulullaah Sallaahu alayhi wa sallam was asked of the rights of the wife over the husband. Rasulullaah saaws replied, ” You have to feed her when you eat and give her clothes to wear and not hit heron her face or use abusive lanfuge with he and when you leave her alone leave her in private quarters.
Please help me out….this is my situation,
I got marrid two years ago but under family pressure. after the nikah and following days i yet to this day do not call the man i marrid as my husband in my heart. It has been two years and the marrige has not been consumated (no sexual intercourse). there is no communication btween us watso ever.
Is the nikah still valid and if he says talaaq to me 3 times without no witnesses is the talaaq valid? even if he dusnt mean it?
All family members know that the marrige is not working out and will be resulting in a divorce. due to family they are waiting for his visa stay in the uk.
Thankyou.
Asalaam alykum.
Wa alaykumus Salaam
Non consummation of the nikaah does not negate the validity of the nikaah. If he utters the word talaaq and addreses you with it then the talaaq will be valid.
sorry but i really need to be clear with this….is the talaak valid if he says it without no witnesses??? what do you mean ‘addresses it to me’ does he need to say my name??
What if he dusnt mean it from the heart and just says it??
Assalaamu alaykum
Yes he has to address it to you by either mentioning your name or speaking to you directly. It would be more appropriate to have witnesses present to remove any form of dispute.
assalamualikumwarehmatullahiwabarakatuhu!
i wantd to know if a wife takes khula under pressure n the husband utters the word talaaq though he didnt intend to thrice during the khula procedure n thn later dey want to get married again thn wht is the right way?
وعليكم السلام
باسمه تعالى
Khula’ is taken in the situation when it becomes impossible for couples to maintain the marital tie and the husband refuses to give Talaaq. During the procedure of Khula’, if husband gives three Talaaq even without intention, the marital ties break completely and the couples become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man free of condition and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)
Therefore, the couple can not reunite in the case referred to in the question without Shar’ee Halalah, the procedure mentioned above.
والله اعلم
By: nazneen on March 29, 2009
at 8:36 pm
I have fallen in love with a Muslim (Sunni) woman and she is also in love with me (I am a Christian), we are both currently married with children and would like to get married to each other as quickly as possible. What are your recommendations to do this under Islamic law/way? We both feel that we have found true love in each other. Thank you so much for your guidance and help
السلام على من اتبع الهدى
I recommend and invite you to come under the fold of Islaam full-heartedly in order to get everlasting enjoyment or else share your love and affection with any Christian woman as there are many who really need life-partner and leave spoiling the life this poor woman resulting in eternal grief and sorrow.
By: Bryan on April 9, 2009
at 2:39 pm
I am ready to come under the fold of Islam, I am ready and prepared to do anything for this woman. What should my next steps be? Need your help and guidance
السلام على من اتبع الهدى
Dear Brother, if your intention for embracing Islaam is just to get married to that woman then it will be for that what you have indented and will be rejected in the court of Allaah. One must embrace Islaam in order to please Allaah and His Rasool without having any intention for gaining worldly benefit. Since one who embraces Islaam for Allaah’s sake will get success in both lives and however believes for worldly benefit will be deprived of everlasting success. Therefore, check the intention and correct it.
By: Bryan on April 13, 2009
at 9:29 pm
I am embracing Islam with good intention. This woman is an exemplary Muslim woman for me and my motivation for taking Islam as my religion. I do not intend to convert back once I am married to her. So my intentions are all noble. Can you please guide me now.
السلام على من اتبع الهدى
Dear Brother, unlike other religion, Islaam is a complete way of life. A person after embracing Islaam has to change his previous way of life and take the last and final prophet Muhammad as an ideal in every sphere of life. The situation may turn against a newcomer to Islaam and his own family members will torture him in different ways even threatening his life. On being ready for all these sacrifices and hardships, you may inform us of your full address so that further steps may be taken with ease.
الله يهديك
By: Bryan on April 14, 2009
at 6:30 pm
Al Sallam 3aleikom,
I am a muslim girl living with my parents. My parents a few weeks ago got in a really really really big fight. They were yelling and they were very angry. And my father uttered the third divorce. When I talked to my father after the fight (at night) he told me that saying was an accident and that he didn’t mean to do it. The 2nd divorce was 10 yrs ago and the first divorce happened 19 years ago. Is this divorce valid? A few days ago my father became very sick and we had to call the ambulance. While in the hospital my mom took care of him, and now at home she still takes care of him (they are good to each other). I don’t understand the situation that I am living in, and what is the Islamic ruling on how to resolve the situation.
I have attached a link, which will allow you to download the fight if you want to hear it.
http://www.sendspace.com/file/u48lhq
Thank you very much for your time and Sallam 3alleikom.
وعليكم السلام
باسمه تعالى
Talaaq given in anger is valid even if it is not uttered without any intention and hence the third Talaaq which is uttered during the fight and anger mode is valid and the marital ties between the couples have broken completely and they have become Ajnabi, stranger to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife after completing the Iddah should marry another man and have sexual intercourse with him. Thereafter, if the second husband dies or divorces her, she after completing the Iddah period can remarry her first husband. Allaah سبحانه وتعالى says, “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (Suratul Baqarah 02:230)
Therefore, your parents can not communicate with each other nor can they reunite without Shar’ee Halalah, according to the view of the majority of Sahabah, Taabi’een and the consensus of the Imaams of FOUR SCHOOLS OF THOUGHTS. They must immedialty separate from each other and make sincere Taubah for communicating with each other and staying together after the third Talaaq.
والله اعلم
By: Nesma on April 15, 2009
at 6:15 am
Dear Mufti Sahib,
One day I said “My nikah is broken” and some other occasion I said “My wife is haram on me” I said these words without the intention of divorcing my wife. My question have these words without the intention of divorce constituted the Talaaq?
Jazakallaho Khaira
السلام عليكم
باسمه تعالى
Dear Brother in Islaam, the first phrase, “My Nikaah is broken” does not constitute the Talaaq whereas the second one, “My wife is Haraam on me” constitutes the Talaaq Bain even without intention. “قال لإمرأته أنت على حرام (إلى أن قال) يفتى بأنه طلاق بائن و إن لم ينوه لغلبة العرف.” (رد المحتار, باب الإيلاء)
Therefore, the marital bond between your wife and you has broken in the case referred to in the above question, and both of you cannot reunite without remarriage provided that two Talaaqs have already not been given.
والله اعلم
By: Rana Haider on April 15, 2009
at 4:32 pm
Could you please also answer this question
On many other occasions I said to my wife that
1. Mai tumhay jodh deta hon (let me leave you)”
2. Mai tumhay jodhta hon (i leave you)
3. Tum apnay ghar chali jai (you go your home)
4. Mujhay tumhari zaroorat nahi hai (I don’t need you anymore)
5. Dafa ho jao (Get lost)
Are these words Saheeh in Urdu. I said these words in normal mode without the intention of divorce.
Thank you in advance.
السلام عليكم
باسمه تعالى
Dear Brother in Islaam, the phrases you have written in Urdu are difficult to pronounce and hence these phrases have been written in Urdu as per the translation mentioned in the question and the Shar’ee ruling concerning each phrase has been stated respectively in the following.
“میں تمہیں چھوڑ دیتا ہوں، میں تمہیں چھوڑتا ہوں، تم اپنے گھر چلی جا،مجھے تمہاری ضرورت نہیں،دفع ہوجا”
The first two phrases constitute Talaaq Raj’ee even if these sentences were pronounced without any intention. The third phrase constitutes Talaaq Bain if pronounced with the intention of Talaaq and the denial of having the intention will be accepted with an oath. The fourth phrase does not constitute any Talaaq. The fifth one constitutes Talaaq only when said with the intention of Talaaq.
The ruling may differ from phrases to phrases and situation to situation.
والله اعلم
By: Rana Haider on April 16, 2009
at 7:19 pm
ASLAM O ALIKUM
i have a question i was in love with a girl but both of us are sunii but her parents got her marry to her cuzin since she was engaged to him for long time but she never liked him even after marriage we kept talking since she told me she never slept with him anyhow one day she told me she did sleep with him but i thought since her husband is saying and swearing to QURAN that he never did with her she might just be lying so me and her and her husband we made deal since she never liked him he agreed upon it that he give her verablly divorce he said this over the phone to her in punjabi main tainoo TALAQ DENA TALAQ DENA TALAQ DENA with intentions to give her divorce but later on due to family pressure he denied but i have his recording of voice where he accpet it he divorce but due to his sister was married to my gf brother he was scare the he might leave her or he might not come to usa since girl was usa citizen we ran away from house since we know divorce occured but the MANNATS i asked that i will fast for 2 month when we get together i kinda didnt do it worse get to worse she was pregenet but i was still willing to keep her but we end up aborting the child which i regret even in iddah we were living togther
my question is i cry in pray and ask for forgiveness now her dad still sent her back to her old husband in pak they divorce was not valid and it didnt occur you help arent they commiting zina now cuase i want to do nikkah with her they say in pregnency u cannot divorce so you help me if she has abortion and we were together for 3 months after divorce im confuse i want her back and doing wazifaz and praying please help me i want go for UMMRAH with her and be a good MUSLIM or should i leave her alone if you think she is still in his nikkah thank you
Wa alykumus salaam
Brother in thi matter you are blatantly disregarding the issue of you interferening with a married woman, running away with her during her pregancy and still seeking help to get her to be divorced from her husband and to get married to you???
My personal advice to to fear ALLAH and leave her alone.Put your trust in ALLAH and you will find someone better inshaALLAH. Do you not realize that abortion is equal to murder???Sincerely ask ALLAH for forgiveness and change a new leaf.
By: REHAN on May 12, 2009
at 1:53 pm
Dear sir,
I given talaaq to my wife during big fight between with ou any region. I told talaaq, talaaq, talaaq three time in tension. Now I want to know that is this talaaq valid? I given talaaq in tension only. Plz reply me can we stay together or not. This happen only as an accident.
Asslaamu alaykum
Talaaq uttered in anger or in happiness both are valid. If a person isno9t angry will he ever utter the word “talaaq”? In a hadeeth it is narrated that there are three things wether uttered in anger or in jest (joking) thats effect. 1. Talaaq . 2. itaaq (freeing of a slave) 3. Nikaah. (tirmidhi)
By: shahid on May 12, 2009
at 3:07 pm
Janab Mufti sahib,
Assalam o Alaikum,
Mera masla yeh hai ke mai ne apne shohar ki baato se tang aakar kaha ke mai ghar chor kar ja rahi hon phir kabhi wapis nahi aongi to mere shohar nai kaha ke “dheek hai tum chali jao mai tumhay chor deta hon tumharay bhai tumhari kahi aur shadi karadengay” unho ne ye alfaz ghusse ki halat mai baghair talaaq ki niyyat ke kahe.
Ek mufti sahab se pucha to unho ne kaha ke ” Mai tumhe chor deta hon ” se talaaq nahi hoti “Mai tumhe chorta hon” se Talaaq ho jati hai. Jabke dosre Mufti sahab ne yeh bhi kaha ke “Mai tumhay chor deta hon ” se bhi Talaaq ho jati hai agar pas manzar mai mustakbil ki baat nahi chal rahi ho to.
Mera sawal yeh hai ke mere shohar ke in lafzo se koi Sharee Talaaq waqai hui hai ya nahi.
Qa raai se pata chalta he ke un ka irada is jumle se talaaq nahin he. Talaaq unki niyyat se parega. agar niyyat nahin tu talaaq nahin.
By: Sakina on May 14, 2009
at 8:41 am
since my wife doesnt want to live with me. in my married life ie 10 month she spends only 3 to 3.5 month with me since she dosent want to live with me therefor in the presence of third prson( saalis suleh karne wala) I given the conditional statement of talaaq on 1st march 2009 ie on or before decision has not taken and my wife will not came till 15th march 2009 then understand that on 16th march there will be one talaaq to my wife. so what will be iddat period? how much days? I dont know exactly about her monthly period, I think that it is on starting of month? when we both can marry to another? iddat srarts from 1st march or 16th march?
Assalaamu alaykum
If according to your conditional talaaq she does not return by the date stipulated then automatically talaaq takes place when the condition lapses. With it one talaaq baain takes place. For ruju from talaaq baain renewal of nikaah is necessary if the couple wishes to get together again (reconcile). The iddat period is like any normal talaq i.e. three haidh periods passing. Ruju whether during iddat or after iddat needs renewal of nikaah.
By: MOHAMMAD MAKHDUM SHAIKH on May 22, 2009
at 9:26 pm
assalamu alikum wa rehmatullahi wabarakatuhu
one or half month before my conditional statement of talaaq since my wife is in her home i said her to come and live with me several time that is in two to three weeks daily twice i said same but she said “no, not now i will come after, there is time” each time she answered same and also not giving the proper reason and time where she will come.therefor at last time I said to my wife that “you dont want to come then dont come”. without inention of talaaq but the intention to put weightage to the statement and realise the effect of statement that are she ready to come or not. So due to these statement and intenion are any of the talaaq is imply? if yes then please say me which talaaq it is are talaaqe hasenaah or any else? and how much talaaq imply? Including my shartiya talaaq, total talaaq will be how much? (kya koi bhi thalaaq wakea huvi hai? agar huwi hai toh konsi talaaq huwi hai or kitni huwi hai aur mai ne baad me ek shartiya talaq dee hai toh total kitni talaaq hogai ab tak mai sirf shartiya talaaq hi ko talaaq samajh raha hoon is tarah meri nazar mai sirf ek hi talaaq huwi hai brahe karam shariath k mutabik meri islah kijiye or agar meri wife raazi khushi k saath mere saath zindagi guzaarne k liye tayyar hojay toh kya mujhe ruju karna hoga ya phir mai ne ruju ka haq kho diya matlab ke kya teen talaaq hogai? barai karam zaroor bataiiye k kitni talaaq huwi hai? aur ham sabhi ke liy dua kijiye.)
Wa alaykumus salaam
It you mentioned those words without any intention of talaaq the no talaaq occurs. In talaaq where clear words ( know as kinaaya) niyyat is shart.
By: MOHAMMAD MAKHDUM SHAIKH on May 22, 2009
at 10:09 pm
i was sitting alone and said ” If i divorce my wife” and then kept silence after saying this loudly.
will this cause any Talaaq.
Assalaamu alaykum
If does not cause Talaaq. Words of certainty are required.
By: Shami on May 28, 2009
at 8:20 pm
AOA.my friend name is Jaam Muhammad.after few days of his marriage he came to know that his wife had some un islamic and unethical relations with another person.so clash occured and she turned back to her home.Due to efforts of some family members she agained joined her husband.after some time again they had conversational fight with each other and Jaam Muhammad said,”i do not want to live with u “,”u do not have any care of me so i do not want to live with u”,”leave my home”,tum mujhay khush nahin rakh sakti”, plz tell me whether the condition of talaq imlies by these sentences.if yes than which condition and what is the possible remedy of this situation.thanks and regards
Wa alaykumus Salaam
It will depend on his niyyat and what the discussion was about. If he intended talaaq then one talaaq e baain will take place. He has the right to remarry her with her consent if they wish. However if he did not intend talaaq at that time then she will still be his wife.
By: Muhammad Sheraz Qureshi on May 30, 2009
at 9:51 pm
how long a man will responsible to pay nafqah to his ex-wife and his/her five daughters aged 22 , 21 , 19 , 18 , and 17. I am paying them since last 16/17 years. There is no chance that they love their father, and they neither want to live with their father nor want to see his face anymore. I donot know where they live in Lahore. what is their address . what is their phone No , except one account No of my elder daughter. they just want, money should be sent to them every month. Please tell me how long i will have to pay them according to ISLLAAM.Jazakallah Khiara.
Assalaamu alaykum
Nafaqah for he wife is only in the iddat period. As for the children , if they are staying with the mother then they are the responsiblity of the father. Therefore he has to provide for their upbringing. When hey are married your duty of nafaqa ends. i think some contact has to be made to find out the reality of the childrens condition.
By: gulfaam on May 31, 2009
at 6:55 am
Assalam o Alaikum
Mai ne apni biwi ko kai moqon par taqreeban 4 se 5 martaba mandarja zel jumle kahe
“Mai tumhe chor deta hon tum kahi aur shadi kar lena”
“Mai tumhe chor deta hon tum kahi aur shadi kar lo”
“Mai tumhe chor deta hon tumhare bhai tumhari kahin aur shaadi karadenge”
“Agar tum chahti ho to mai tumhe chor deta hon tum kahi aur shadi kar lena”
Mandarja bala jumlon se meri niyyat kisi kisim ki Talaaq dena nahi thi aur na hi mera maqsad ya murad yeh thi ke mai apni biwi ko Chor raha hon balke yeh murad thi ke mai tumhe chor dunga aur phir tum kahi aur shadi kar lena.
Jamia Islamia Binori Town, Karachi ke ek Mufti sahib se pucha to unho ne kaha ke “Mai tumhe Chorta hon” se Talaaq hoti hai kio ke is me saael direct hukum sadir kar raha hai jabke “Mai tumhe Chor deta hon” se nahi hoti agar saael ki is jumle se murad mahez khahish ya irada hai aur woh us waqt chorne ke lihaz se nahi kah raha.
Kia farmate hain hazraat Ulama-e-Karam saael ke mandarja bala alfaz ko madde-e-nazar rakhte hue ke agar in alfaz se murad mustakbil hai to Talaaq-e-Rajee waqai hui ke nahi?
Wa alaykumus Salaam
Janaab meri faraaghat khud jamia islamiya binnori town se hoon. Bas men aapko yehi jawaab deta ho jo pehle de chuka hoon.
Talaaq ki do qimenhe.
1. Sareeh
2. kinaaya
Sareeh woh talaaq he jismen saaf talaaq ka lafz istimaal hota he. Us se talaaq e raj ‘ ee waaqi hota he.
Kinayah woh talaaq he jis men lafz e talaaq ke bajaaie koi aur lafz istimaal hota he. Haan usmen niyyat ki zaroorat he. Agar talaaq ki niyyat ho tu aik talaaq e baain waaqi hota he.
By: Rana Haider Ali on June 1, 2009
at 1:42 pm
Mufti Sahib,
laikin mai ne suna aur padha bhi hai ke “Chorna” ka lafz Urfan Sareeh hai.
Please clearly batain mere case mai koi Talaaq hui ke nahi.
Shukariya. and sorry for bothering again and again.
Janaab AAp aapke ilaaqa ke ulema se ruju karle . Unko urf se ziada pata hoga. Urf mukhtalif ilaaqaa men faraq hota he.
By: Rana Haider Ali on June 2, 2009
at 3:12 pm
Ok thank you Sir. I appreciate your concern.
By: Rana Haider Ali on June 2, 2009
at 7:13 pm
assalamu alaikum wa rehmatullahi wa barakatuh
since after giving conditional divorce there is 3month passes and till date i not rujue.my sasur (ie wifes father) says”ek talaak diya hai toh doosree aur teesree bhi de de “so if he force me to give 2nd and 3rd talaak but i think that IDDAT period is over so nikah breaks and she is not in my nikah if really IDDAT is completed then what i have to do ? I dont want to give 2nd and 3rd talaak and also dont want to rujue. so if due to pressure i given the divorce then are it will be count if IDDAT is really complete? (i dont want to give 2nd and 3rd because of in future if we both want to marry then we can marry easily without any HALALAH)
Wa alaykumus Salaam
If the iddat is over, automatically she is no more in your nikaah. Talaaq will not be valid if given out of nikaah,
Also one talaaq given is sufficient and when the iddat lapses she is out of your nikaah. If the parties wish to get together again, a new nikaah has to be performed.
Wallahu a’lam
By: mohammad makhdum on June 7, 2009
at 7:48 pm
Salam,
I was going alone and said in Urdu ” Mai tumhe Talaagh deta hoon”
Will this constitute any Talaaq as I intentionally pronounced the Talaaq word wrongly as “Talaagh” in order to avoid Share’ee Talaaq to take place.
Please reply if this has constituted any Share’ee Talaaq despite pronouncing the Talaaq word wrongly?
Wa alaykumus Salaam
Even the mentioning of talaaq without adressing someone does not constitute talaaq. Therefore by merely mentioning talaaq without intending giving anybody talaaq will not be regarded as talaaq.
By: Shami on June 30, 2009
at 8:46 pm
Could you please explain me the following Arabic ruling with reference to above Question asked earlier
هاهنا خمسة ألفاظ تلاق وتلاغ وطلاغ وطلاك وتلاك عن الشيخ الإمام الجليل أبي بكر محمد بن الفضل رحمه الله تعالى أنه يقع وإن تعمد وقصد أن لا يقع ولا يصدق قضاء ويصدق ديانة إلا إذا أشهد قبل أن يتلفظ به وقال إن امرأتي تطلب مني الطلاق ولا ينبغي لي أن أطلقها فأتلفظ بها قطعا لقيلها وتلفظ بها وشهدوا بذلك عند الحاكم لا يحكم بالطلاق بينهما (الفتاوى الهندية)
Thanks
It states that there five such words when uttered (to the wife)تلاق وتلاغ وطلاغ وطلاك وتلاك ( wherein the ط is changed to ت or the ق is changed toك or غ ) then talaaq takes place if he says it purposely and intend that talaaq does not take place. When ruling is given his word will not be accepted although it will be acceptable by allah. Yes if he made someone a witness that his wife is pestering him for talaaq and he wishes to do so then his word will be accepted with the condition that it was previously brought to someones notice.
this is the verdict mentioned in fatawa hindiyyah.
I think it co incides to the fatwaa given where we mentioned if the wife was intended or adressed, then talaaq tkes place.Mispronounciation of words mean nothing.
By: Shami on July 1, 2009
at 9:18 pm
I also got following Arabic rulings from darulifta deoband site with reference to my question
ویقع بھا أي بھذہ الألفاظ وما بمعناھا من الصریح ۔۔۔ وفي الشامیۃ: قال في البحر ومنه الألفاظ المصحفة وهي خمسة فزاد على ما هنا تلاق وزاد في النهر إبدال القاف لاما (شامي 4:459)
So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur.
So in my case will Talaaq occur as I intentionally and deliberately changed the Talaaq word in my sentence ” Mai tumhe Talagh deta hoon” while I was alone in order to avoid Talaaq to occur.
shami9659@gmail.com
Shami
ASSALAAMU ALAYKUM
Please furnish with the following to get a proper ruling.Ruling can only be given if full details are given
1. when was the words uttere?.
2.Why were the words uttered?
3 In whose presence was it uttered?
4. What was your true intention at the time of uttering?
By: Shami on July 2, 2009
at 6:14 pm
Mufti sahib
thank you for taking time to ponder on my serious issue. Here’re answers to your queries
1. When was the words uttered?
Ans: It’s about 2-3 weeks ago I was going alone and suddenly divorce thought came into my mind and I always try to avoid it. I said “Mai tumhe Talagh deta hon” so it doesn’t happen.
2. Why were the words uttered?
Ans: B/c divoce thought came across me several times and I suddenly and in slow voice to myself said ” Mai tumhe Talagh deta hon”
3. In whose presence was it uttered?
Ans: No one was present I uttered them while I was alone and walking. I didn’t think about my wife while saying these words.
4. What was your true intention at the time of uttering?
Ans: I had no intention but thought “Mai tumhe Talagh deta hon” does not cause to occur Share-ee Talaaq. When I visited darul ifta site I was shocked to see that mispronouncing Talaaq word may also cause it to occur.
ASSALAAMU ALAYKUM
The mere utterance of the word talaaq does not constitute talaaq. There is a necessity of intention or a discussion of talaaq. Therefore in your circumstance of uttering talaaq will not be regarded as talaaq..
By: Shami on July 4, 2009
at 8:37 am
Dear Sir
I am in big problem i know that talaq is the most hated action in the eyes of AlMighty Allah.
I live in KSA for job i have been in nikkah around a year and my wife is living with her parents as we have to do rukhsati InshahAllah in a year or 2.
4 months back i went to pakistan and my wife was also living in my house though we had never done intercourse but we were having an intimate relationship there and we also spent time alone as well.
Unfortunately one day lot of divorce thought was comming in my mind and i was thinking how people do this thing while thinking i placed my self in the shoes of person who do this and think if i do this and there i uttered “May tumhay talaq deta hoon <>” Honestly speaking i was not thinking to divorce my wife.
After this incident i was having intimate relationship my life as well
please guide me i am in deep sorrow.
Assalaamu alaykum
i would like you to clarify certain issues before an answer can be given.
1. Did you utter hese words verbally?
2. What did you intend when saying these words?
3. Was there any reason for the thought and utterance of talaaq?
By: Amir Ali on July 4, 2009
at 2:48 pm
Thanks for your answer please help me i have done this jut because of tha lack of relegious knowledge which i am trying to improve.
Here are the answers of your questions
1. Did you utter hese words verbally?
I could’nt remember if i uttered till talaq or i stopped at word talaq and pronounced it wrongly or i uttered the whole sentance.
2. What did you intend when saying these words?
At this time i was not having any grudge against my wife secondly as i told you in my question that
i was just loud thinking and was assuming how people do this and assumed myself in place of such a person.
3. Was there any reason for the thought and utterance of talaaq?
As i told you in my previous explaination i was just thinking about divorce and how a man do this thing.Its not like i had fought with my wife and assuming that i am giving talaq to her.
Please pray for my deen and dunya please i beg you solve my problem i am in deep trouble.
Jazak Allah Khair
Wa alaykumus salaam
Thoughts of talaaq does not constitute talaaq. Intend is necessary, wether talaaq is uttered jest or inanger.A person is not responsible for thoughts until brought into action.Therefore in this circumstance talaaq will not fall.
By: Amir Ali on July 7, 2009
at 11:50 pm
if a husbend wife want to separate and and husbend says i cant utter word talaaq to and wife says ok then give me a three miss call i will understand u had given me a talaaq and husbend thinks in his mind that i m giving you three talaaq and gave her a three miss call is talaaq valid or not
Assalaamu alaykum
If this was an agreed upon condition for talaaq being issued and He intends talaaq at the time of sending the misscall then it will be valid. As according to his intention three talaaq takes place.
By: aayat on July 8, 2009
at 1:45 am
kuch jamaiten kahti hen ke 3 talaq sath men deny se nahi hoti aur kuch kahty hen ke talaq ho jati he to plz help me ke 3 talaq sath men deny se ho jay gi ya nahi?
Assalaamu alaykum
aagar tien talaaq va yak waqt diya jaataa he tu tien hi talaaq hote he.Un se aik aasaan sawaal he jo tien ko saheeh nahin maante hein, unke kiya daleel he. Haan do talaaq dene bhi ghalt he lekin ALLAH ta aalaa ne khud do talaaq saath dene ki ijaazat di he.
[2:229]
طلاق دوبار ہے (یعنی جب دو دفعہ طلاق دے دی جائے تو) پھر (عورتوں کو) یا تو بطریق شائستہ (نکاح میں) رہنے دینا یا بھلائی کے ساتھ چھوڑ دینا۔ اور یہ جائز نہیں کہ جو مہر تم ان کو دے چکے ہو اس میں سے کچھ واپس لے لو۔ ہاں اگر زن و شوہر کو خوف ہو کہ وہ خدا کی حدوں کو قائم نہیں رکھ سکیں گے تو اگر عورت (خاوند کے ہاتھ سے) رہائی پانے کے بدلے میں کچھ دے ڈالے تو دونوں پر کچھ گناہ نہیں۔ یہ خدا کی (مقرر کی ہوئی) حدیں ہیں ان سے باہر نہ نکلنا۔ اور جو لوگ خدا کی حدوں سے باہر نکل جائیں گے وہ گنہگار ہوں گے
[2:230]
پھر اگر شوہر (دو طلاقوں کے بعد تیسری) طلاق عورت کو دے دے تو اس کے بعد جب تک عورت کسی دوسرے شخص سے نکاح نہ کرلے اس (پہلے شوہر) پر حلال نہ ہوگی۔ ہاں اگر دوسرا خاوند بھی طلاق دے دے اورعورت اور پہلا خاوند پھر ایک دوسرے کی طرف رجوع کرلیں تو ان ہر کچھ گناہ نہیں بشرطیکہ دونوں یقین کریں کہ خدا کی حدوں کو قائم رکھ سکیں گے اور یہ خدا کی حدیں ہیں ان کو وہ ان لوگوں کے لئے بیان فرماتا ہے جو دانش رکھتے ہیں
Jab do dafa se talaaq hojate he tu tien se bhi hoga Sayyidina umer radhiyallahu anhu ki khilaafat men ijma howa ke tien talaaq tien hi hote he aur munkir ijma khaarij az deen hojata he.
By: muneer ahmed on July 9, 2009
at 9:37 pm
assalamualikum,
i am a girl in my early twenties and have been married to my husband for the last 2 and a half years. I married him because he seemed quite religious from his outward appearance.i myself observe complete purdah and try my very best to fulfill all obligations towards Allah.i also have a son who is now 1 year old.
my husband and inlaws turned out to be extremely cruel and greedy..their demands for dowry just wouldnt end even after 2 years, My husband wouldnt pay for my expenses ,wouldnt let me meet my family and expected me to be a slave to his parents and sisters.His mother would call me and my family ugly names and lie to my husband about me. she often told my husband to divorce me.
i was ready to put up with all of this till my husband started abusing me physically aswell, by then it was just too much to take ,he started beating me every other day .I walked out of the marital house with my 3 mth old baby, my husband never said sorry and never asked me to come bak, after waiting for 9 months iv now applied for a khula in my home country(where my parents live,iv com bak to them).
I think it is impossible to live with him anymore ,firstly because he has not asked me to come bak,secondly because i now fear for my life with him and his family.
does taking a khula on these grounds make Allah angry?
and is taking a khula through a court ok?
nobody from his side has come to any hearing.
please answer my questions asap.
Wa alaykumus Salaam
Khula is acceptable in the eyes of shariah but it should be for a valid shari reason. ALLAAH mentions in the holy qur aan :-
[2:229]
Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah’s limits: such are wrong-doers.
The portion of the verse in bold explains khul’ah. Khulaa is actually the desolving of the marraige by the female paying or returning mehr in lieu of divorce.This has yo be agreed by the husband. Therefore there should be direct contact with him on the issue.The best method will be to send representative to his house to discuss the matter.
May ALLAH make it easy for you and grant a suitable solution.
By: a on July 12, 2009
at 9:05 pm
Mufti Sahib, Salam
Your answer to me about my issue contradicts to following answer by Darul Ifta, Deoband at India.
ایک دفعہ میں اکیلا جارہا تھا کہ مجھے طلاق کے بارے میں خیال آیا جو کہ مجھے اکثر و بیشتر وسوسہ کی وجہ سے آتا رہتاہے۔ میں نے طلاق دینے سے بچنے کے لیے کہا [میں تمہیں طلاغ دیتاہوں]۔ کیا اس جملہ سے جس میں میں نے جان بوجھ کر طلاق نہ ہونے کے لیے طلاق کو طلاغ کہا، اس سے کسی قسم کی شرعی طلاق واقع ہوئی یا نہیں؟
21 Jul, 2009
Answer: 14667
فتوی: 1104=900/ل
[طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے، اگر آپ نے یہ جملہ صرف ایک مرتبہ ہی کہا ہے تو ایک طلاق رجعی واقع ہوگئی اور آپ کے لیے تاوقت عدت اپنی بیوی سے رجعت کرنا اور عدت گذرجانے کے بعد نکاح جدید بغیر حلالہ کے اس کو اپنی زوجیت میں لانا جائز ہوگا۔
Please help what should I do, you say Talaq doesn’t happen when alone without intention whereas Darul Ifta, Deoaband at India says it occurs. Whom should I follow. I am really confused & totally disturbed due to contradictions. Please clarify.
Wa alaykumus Salaam
Look at your phrasing of the question in urdu and when i asked you whether you said it out loudly you mentioned that you think you were only thinking and did not mention it out loudy.Therefore if you see the answer there is no contradiction that you make out.-
[[طلاغ دیتا ہوں] کہنے سے بھی (جب کہ زبان سے الفاظ ادا ہوئے صرف وسوسہ نہ ہو) طلاق واقع ہوجاتی ہے،
Therefore its up to you to make up your mind of whether you did say it out aloud and whether you did think of your wife at that time. The ball is in your court.!!!
By: Shamid on July 22, 2009
at 9:36 pm
At the outset, I would like to bring this thing in knowledge that I’ve read it many sources that person suffering from waswasah utters the words of Talaq, it will not count.
Now in my case where I m sure I’m suffering from whispers about Talaq, I uttered the aforesaid sentence in low voice I mean not much loud & I had no intention of my wife with this sentence. And I had this thing in my mind for sure that Talagh word doesn’t constitute the actual Talaq.
Please furnish the answer keeping in view above details.
ASSALAAMU ALAYKUM
Under such circumstances talaaq will not be valid. You have not given talaaq to your wife.
By: Shami on July 23, 2009
at 9:22 pm
ASSALAMU ALAIKUM WA REHMAYULLAHI WABARAKATUHU.
1)KYA EK BADE JANWAR(COW, BUFFALO,CAMEL etc)MEI POORE KHANDAN KE NAAM SE SADQA KARSAKTE HAI(7 SE ZYADAH AFRAAD)?. YA SIRF EK HI KE NAAM KA SADQA HOGA? YA SAAT (7) NAAM KA SADQA HOGA?
Wa alaykumus Salaam
Agar sadqa nafli ho tu aik janwar ummat ke liy bhi kaafi hoga. Haan qurbaani men bare janwar 7 hissa hota he.Huzur aqdas salallaahu alayhi wa Sallam ne apni ummat ki taraf se aik janwar zabah kiya he.
By: mohammd makhdum on July 31, 2009
at 6:38 pm
I uttered ” Mai tumhe Talagh deta hon” in alone thinking Talaq does not take place
with Talagh word even if its pronounced with the intention of divorce. But I remember I had not
thinked about my wife while saying this sentence.
I saw Darulifta Deoband where it was mentioned in a ruling to someone that mispronouncing Talaq also causes Talaq to take place.
I got confused I asked Jamia Ashrafia, Lahore over the Telephone and they said Talaq has not occurred.
Then I contacted Mufti Muhammad Ibne Adam from UK over telephone he said he is unable to answer me and asked me to contact Darululoom Karachi.
I went to Jamia Binori Town, Karachi personally and they said Talaq didn’t occur.
I posted question on Alislam.co.za they said Talaq has occurred.
I posted question on Jamia Mehmoodiyyah they said after asking me details that Talaq didn’t occur.
I posted question on DarulIfta Deoband they said Talaq has occured. I got scared and confused.
I asked question from Madressa Ina’miyya grand Mufti Ebrahim Desai of South Africa who passed ruling that utterance of word in reference does not constitute Talaq.
I asked Mufti Ebrahim Desai to look after Darul Ifta deoband ruling about my case and he said he is certain it doesn’t apply on me. He asked me to place confidence on his ruling and close the issue.
Now I am thinking that I had referred the sentence to my wife. Now i have questioned from Mufti-e-Azam Mufti Muhammad Taqi Usmani sahib and
waiting his reply.
Please help me Mufti sahib.
Wa AlaykumusSalaam
when so many people gave you fatwa , i think it is sufficient. Practise on it and leave the issue alone. Otherwise do as you see fit and according to your concience.
By: Shami on July 31, 2009
at 10:34 pm
assalamualaiku wa rehmatullahi wa barakatuhu.
deendari kise kehte hai?
ladka/ladkee deendar hai yeh kaise maloom haoga? deendari ki kya nishani hai?mowjudah zamane k mutabik ladka/ladkee ko dunyawi taalim hai(ssc,hsc,ba,doctor,engineer,teacher etc) aur is k saath NAMAZ AUR TILAWATE QURAAN MAJID KI PABAND HAI , AUR THODI BAHUT DEENI maloomat HAI TOH KYA AISE LADKA/LADKEE KO DEENDAR KAHE Ge? SIRF namaz aur tilawate quraan majid ki paband ladka/ladkee ko deendar kaha jayega ya nahi?
wa alaykumus Salaam
Deendaari ka matlab shariat ke ahkaam ko haqq maan na he aur ussi ko apni zindagim men laanaa he/ Namaaz waghaira shriat ka juz he aur yeh har muslamaan ke liye laazmi he. Koi shaks namaz chore tu woh faasiq faajir he.Dhariat ke do pehlu he.
1. Aamaal aur naiki karna
2, Shar aur bad aamaali se eraaz karna.
Dono pehlu ki pabandi hatal imkaan deendaari ka naam he.
Baaqi shaadi ke muaamala men har insaan apne khaahish ke mutaabiqchoonlete he lekin usmen behter yeh he ke deendaar ko fouqiyat de.
By: mohammed makhdum on August 1, 2009
at 6:18 pm
AOA
a man give three talaqs to his wife about 11 months ago and now they want to remarry after halala… they met many times after their seperation and have intercourse too..
what was the status of wife’s iddat…?? is iddat has been over after her three menses or not..??
is halala jaiz?
wa alaykumus Salaam
After three talaaqs the wife is haraam for her husband. If after talaaq they meet they are commiting zina and are sinful. The iddat remains the same as was after the talaaq, i.e. three haidh after the talaaq.
As for halaalaa , i have given a lengthy answer about it. If donr then it will be permissible but it is a shameful aact if donr by agreement which invites the wrath of ALLAH.
By: Mah Noor on August 3, 2009
at 10:49 am
AOA
thanx a lot Mufti sb for ur guidance… May Allah reward you… Mufti sb halala hasn’t yet performed as firstly I want to confirm that the iddat period is over or not.. Now after your guidance I will proceed, but I need to confirm some more points;
As I know if at the time of nikah, halala isn’t mentioned and nikah has been performed without any condition (although one’s thinking is that this is done for halala purpose) it is permissible… is it so?
I m sorry if I said something against the ruling of Islam.. My objective is to live with my husband as I love him deeply and he too loves me… but I want to do all this in lawful manner… plz guide me..
wa alaykumus Salaam
your iffat ended after three cycles of haidh after the talaaq had been given.
Halaalaa , although permissible , is a disliked act.The instance mentioned by you will be permissible but in itself is disliked.I equate it to prostituting oneself in a halaal way.One thing to remember that ifor the halaalaa to be permissible, it requires full physical contact with the new spouse and also thereafter divorce and iddat has to be spent to clarify whether there is pregnancy or not.
By: Mah Noor on August 5, 2009
at 10:40 am
Assalamulaikum,
I have a question for u, I once had my nekah done and it was then forcibly broken. I really love him and so does he. He still wants to get back with me. But the problem is (I dont know wat its called) that I have to get my nekah done with another man in order to get back with my old husband? What if i am unable to do that. Are there alternatives?
And one more thing…I dont know y i m asking and telling u this, but my parents are totally against my ex husband…do u know any Duas or anything that will help me convince my parents? I REALLY NEED HELP.
Wa alaykumus Salaam
Firstly and foremostly that which you do not know its word will only be necesary if three talaaqs were uttered.
If three were not uttered then remarriage is prmissible.The so called “halaalaa” will not be needed
By: Maimoona on September 17, 2009
at 5:51 am
Bohoth bohoth shukriya! Is this permissable in Islam that my parents have forced me out of my nikah?
ASSALAAMU ALAYKUM
No one can force you to break a nikaah. It is upto you whether upi wish to accept their recommandation or reject it.
By: Maimoona on September 29, 2009
at 11:32 pm
Assalam o Alaikum
If a person with the intention of divorcing his wife pronounces a statement in future tense will Talaaq occur like he says “I will divorce my wife” as I heard that Talaaq only takes place with past & present tenses.
Thank you
Wa alaykumus Salaam.
Intending talaq with future tense is actually informing of intention an not the act.Therefore no talaaq ocurs.
By: Sakina Haider on August 12, 2009
at 4:32 pm
AOA MUFTI saab agar koe admi Allah ki qasam uthata hai k wo falah ladki sy kabi shadi nhi kary ga or agar taqder sy mera nakah us sy hogiya to main usay talaq dy doonga or is py kise kisam ki lachak ko use nhi kronga or agar is py kafara hai to wo b nhi ya kehta hai k main usy teen talaqain dy doon ga to kia wo ladki us par haram ho jaye ge. naiz mufti saab aap kahan sy talaq rakhty hain kia aap deoband sy munslik hain.
Wa Alaykumus Salaam
Nahin woh lardki us par haraam nahin hoga. Haan Aap ne mustaqbil men talaaq dene ka shart lagaayaa. Talaaq waaqi hone ke liye app ko khud talaaq dena prega. Haan aaaaaaise ghalat qasm ka thorna behter he aur kaffaarah adaa karna behter hoga.
By: ali on August 16, 2009
at 8:51 pm
AOA Mufti mujhy aap ka jawab mila jis ny meri sari khushion pr pani phair diya plz mujjy wo tareqa batain jis sy wo ladki mujh pr haram ho jaye please aap ki badhi mehrbani ho ge.
Wa alaykumus salaam
bas un se shaadi karne se parhaiz kare aur kisi aur se shaadi karle.
By: Ali on August 20, 2009
at 6:39 pm
Assalam o alykm….!!!
Mera Masla Talaq sy mutaleq hy.
Meri Rehnumai farmaye ga, mujhy Apky Jawab ka Boht jald intzar hy.
Meri sahdi ko 18 Months hogay hain. Meri Bewi ajj tak apny App ko hamary Ghr k Mahool kY motabiq nahi Dahal saki. Jab k ek larki 3, 4 Mahiny main apny ap ko Susral k Toor Tareqy or Mahool k Mutabiq Dahal leti hy.
Mashaullah who Pari Likhi hain or Samjhdar hain, Aucha Bura sub behtar Tareqy sy Samjahti hain.
Meri Bewi mery sath nahi rehna chati, Mery Waldeen or Tamam gahr waly unsy Naraz hain, Sub is ki Zaban Darazi or bury Rawaye sy Tang hain, Sub k bar bar samjhany or Tamam baton k bawood wo na mani or apny Bahi k ghar chali gai,
Kai Baar who keh Chuki hy k main Apky Ghar mian kouch nahi, mera Dam Guhta hy, Dil nahi lagta, Main apny Bahi k ghar jana chati haoo, agr mujhy phly pata hota k apky ghar ka Mahool is tarha hy to mian kabhi Shadi na karti, mujhy mery bahi k ghar choor Jana hy.
Jab k hamari shadi Tamam family or dono k Waldeen ki Razamndi sy hoi thi, or hum dono bhi ek dosry ko Pasand krty thy. mian ny kai barr unsy kaha k agar app nahi rhna chati to Saaf Toor par Batadejye taky main Waldeen sy or unky ghar waloon sy batt kr ky Masly ka hal nikal sakoon.
Ye masla koi ek bar nahi 7,8 bar hochuka hy pehly to main or mery ghar waly nazar andaz karty rahy k shayed abhi nai nai Sahdi hoi hay Adjust hony main unko Time lag jaye ga, magr jab unki batin or adat Haad sy barhny lagi to Majobran mian ny apni Walda ko is bary mian aagah kia. Unky bhi Piyar SY Smjhany ko koi Ehmiyat nahi di, or meri Walida sy Badsolki ki or meri Walida ko bura kaha.
Jab is bary mian ghar k degar Afrad ko Elm howa to wo bhi Samjhny k liye aye, magar unky sath bhi is Tarha ka Slook kia, jis sy sub ny unsy bat krna choor di….OR SUB NY GHR ANA BHI CHOOR DIYA.
Bat yahan par bhi bas nahi hoti, mian ny pher is bat ka Tazkiara Unky Bahi Bahbi sy kia, un Logon ny bhi unko bhot samjhaya, kuch din to Mamla theek raha magar phr kisi bat par Nazraz hojati.
3, baar unky ghar waloon ko bulwany k baad, or mery Waldeen k samjhany par unki kisi adat mian tabeli nahi ai. Balky mujhy bhi bura kehny lagi k ap mera sath nahi dety.
Har tarha ki Masalihat or dono taraf sy smjhany k bawjood wo apni adat ko badal na sakin, Ab mian bhot majboor hoo, mery Waldeen or tamam gahr waly mujh sy Naraz hain. wo mustaqil azziyat ka shikar hain, mian bhi unsy bhoot tang hoo.
Main or meri Bewi dono Pary likhy or samjhdar hain. Mian ny unko Shadi ki Pehli Rat sy LEKAR Akhari Rat tak yahi smjhaya ky dekho MAA, BAAP ko kabhi Narz na karna, Unki kuchi main Hamri Khuchi hy or unki Narazgi or Nafarmani na krna.who chay jitna bhi kuch kahin app aram sy sunna or mujhy batan, kabi Zaban Darzi na karma.
Mera Talooq Mazhabi Gharnay sy hy, or wo Ek Azad or khuly mahool sy Taloq rakhti thi, who yahi chati thei k unko koi Rook Took nahi ho, Jo Dil mian aye karo. MAA, BAAP or SHOHR ki Hasiyat nahi, KEHTI THI K mian khuly mahool main rhna chati HO, mian ny har tarha unko Deni or Dunyavi TARHA sy agah kia k jis tarha ka Rawayya hy whoo kisi Tarha bhi Theek nahi, Tamam baton sy agahi di. Meri khai hoi choti choti bat unko buri lagti. Meri walida koi bat samjhati to wo bhi buri lagti.
AB UNKO GAHR MIAN RAKHNA MERY LIYE MUSHKIL HOGYA HY. AKHIR WO MIJH SY NARAZ HOKAR APNY BAHI BAHBI K SAHT UNKY GAHAR CHALI GAY HAIN. MERI WALID OR WALIDA UNSY ISI BAT PAR NARZA HOTY HAIN K YAHAN REHTY HOI HAR TAKLEF HOTI HY MAGAR JAB APNY BAHI K GHR JANA HOTO FORAN TAYYAR HOJATI HAIN.
SUB GAHR WALON OR WALDEEN NY MUJH SY SAAF KEHDIYA HY AB WO MERI BEWI KO IS GAHR MIAN BARDASHT NAHI KARIN GY, JIS NY HAMARI ITNI NAFARMANI KI OR GHAR KO GHAR NA SMAJHA.
IS WAJA SY MUJY BHI AB KOI EK RASTA APANA HOGA.
App meri rehnumai farmye k mian kia karoon,
1. Aya mian unko Talaq dy kar Azad kr doon..?
2. Unko Talaq na doon or Bahi k Ghr hi Rhny doon, unka Saman or Degar Jeheez ka Saman wapis bhjwa dion…Taky wo whan Khoch rahin or apni Marzi sy Zindagi guzar sakin?
3. Meri Walida or tamam ghar waly unko Wapisi ki ejazat nahi day rahY or mian bhi nahi chata k wo wapis aakar koi naya sadma phonchayin…? jo larki 18 mahiny mian apny app ko na badal saki us sy kia umeed rakhi jasakti hy. Mery Waldeen Zaeeyef hain or ghar mian ek Chaoota bahi hy.
4. Jab bhi hamari larai ziyda hoti thi who keti thi k mujhy kabhi chorye ga nahi, cahy ap mujhy mery bahi k ghar choor ayein. Is Soorat mian kia apni Bevi ko Talaq na dekar Dosri Shadi karsakta ho, hamri koi Oulaad bhi nahi hy..? uski SHARYEE hasiyat kia hy.???
5. Meri Bewi 6 Bahion ki Akloti Behan hy, meri Saas ka intqal hocuka hy…..main ny us Phely Rat sy lekar Akhri Rat tak kai bar kaha k mian tum ko kabhi nahi chooro ga magar tum ko MERI MAA OR BAAP ko kabhi naraz nahi karna. magar inhoo ny HAR BAAR wahi kia jisy mian ny mana kia..Bhot bar mery walida ky sath zaban cahlye, Walid sab k sath Zaban darzi ki..???
6. Sharyai tor par kia ye Jaez hy k mian apni bewi ko Choor do, azad kardoon k wo apny bahi k ghr hi rahy, mery gahr waloon sy koi taloq na rakhy. Or main unsy kabhi kabhar jakr milta rahoo. Jab meri marzi ho?
Mujhy Umeed hy k app mera msala jald Quaran-o-Sunnat ki roshni mian hal frmadin gy…or mujhy is mushkil sy nijat dain gy…
Main apka mamnoon rahoon ga.
Jazak Allah
Wassalam
B. Abdul
Wa alaykumus Salaam
Janab kisi mas sale ke hal men uk tarfa shikaayat se fffesla nahin hoti. Dono tarafain ki baat sunni parti he.Men aap ko mashurah is masala men uswaqt tak nahin de saktaa hoon jab thak unke shikaayaat bhi sunne.
Aik baat yaad rakhna he ke biwi ko apne quaters(matlab sone ki jagaa aur pakaane ki jagaa jo baaqi se alk ho) unka haq he.Har shakhs apne andaaz aur apne tarbiyat ki aadi he.Kitya app unke waalidain ke andaaz apnaaoge?
fesla aap ke haath men hai. Jo aap munaasib samjhe , wohi kare.
By: B.ABDUL on August 23, 2009
at 8:11 pm
Assalamualaikum mufti saheb i wanted to ask dat one day i and my husband were talking of his cousin who gave divorce to his wife. While talking my husband said usnd usko talaq di i told him not to utter those words as i get really scared then he asked me ‘accha divorce divorce divorce boluga toh chalega?’ merely to confirm if he can utter those words in englsh i got scared and told him but dont use those words he said khuda janta hain meri niyyat main bas poonch raha tha khuda ko malum hai. Is dis divorce?
Wa alaykumus Salaam
The mere utterance of talaaq does not constiitute talaaq.For talaaq to take place the husband has to address the wife and then tell her he is giving talaaq. Here he replied to you stopping him from satying talaaq and mentioned should i use the english word for it? Therefore no talaaq.
By: Sana on August 24, 2009
at 3:10 am
If a husband says “You are divorced” to scare his wife so he can get her to calm down and had no intention of really divorcing her and one minute later she has calmed down and they are happy, does that count as a divorce?
Assalaamu alaykum*
The utterance of talaaq or divorce by twelling the wife you are divorced constitutes talaaq. Talaaq is not a thing to be played with and its consequences are grave. Talaaq has taken place as Rasulullaah salallaahu alayhi wa sallam said
talaaq whether said in jest or seriousness both takes place” (tirmidhi)
By: Cookie on August 24, 2009
at 4:48 pm
mufti sahib really thankyou for answering my question… i m so much relived now.. may Allah shower his blessings unto you and may you alwayz live happily in this world and also the world after… Allah aapko jannatul firdoz de… aameen
By: sana on August 25, 2009
at 12:41 pm
Asalaamulaikum,
If a husband is to tell other people that he has divorced his wife (while the wife is away and she does not know) is that classified as talakh ?
Also the husband lies to the wife that he never said the above yet the wife has more then 3-4 witnesses who are not connected or linked in anyway who claime he boasts to people that he is not married and has divorced his wife a long time ago.
Please note that the husband has a history of lying and cheating and the witnesses are ghair women and people not linked as family.
Would appreciate the correct ruling.
The wife now believes she is divorced.
Thank you
Salaam
Wa alaykumus Salam
You need to consult the local ulema who will be in the position to listen to both sides of the story and then only can they give verdict on the issue. By listening to one side is not permissible to give a verdict as there is denal from one party.
By: R Siddiqi on August 30, 2009
at 11:07 am
So then intention is not necessary for a divorce to take place? Do the 4 schools of thought differ on this? (Only because I thought I heard before that intention was necessary). What if a man says I divorce you to his wife while she is menstruating or bleeding from a miscarriage, or even after birth? Would that divorce count? As salamu ailakum. Please forgive me for not saying it before, but I wasn’t even sure if my question would be answered.
Wa alaykumus Salaam
All four math haahib are unanimous that talaaq occurs when addressing the wife with the words of talaaq, whether intended or not.of talaaq.
In a hadeeth rasulullaah salallaahu alayhi wa sallam has mentioned:-
الطلاق جدهنّ جد و هزلهنّ جد
In talaaq whether talaaq is intended or said in jest it will take place. (bukhaari)
By: Cookie on August 31, 2009
at 7:32 pm
Plus above the response you gave to me, you replied to someone else and said “The mere utterance of talaaq does not constiitute talaaq.” Can you explain the difference?
Assalaamu alaykum
The mere utterance refers to a person using the word talaaq to himself or reading about it. When a person sits and says talaaq without addressing it to someone or intending his wife then there will be no talaaq. While studying islamic studies and you come across the chapter of talaaq and all the words that constitute talaaq to be read, the reading it does not cause talaaq to occur.
By: Cookie on August 31, 2009
at 9:25 pm
Salaam
If a Husband states to a wife in an email the following for the first time.
“As far as Islamic divorce i have already said it 3 times and we both know you are no longer my wife and that we are divorced”
Is this a divorce?
wa alaykumus Salaam
Varification will be required to make sure he is the sender of the e0mail. Before that no verdict can be given as it is possible that it is forged.
By: RR on September 3, 2009
at 2:30 pm
assalamualaikum…..
once when i and my husband were fighting… i said ‘main mummy ke ghar jaa rahi hoon’ he said ‘ja apni mummy ke udhar’ in anger and then he said ‘nahi mangti hain tu’ widout intention is dis divorce? coz after one hour i asked him what did he meant by saying it he said’ arre baat ko kaha se kaha le jaa rahi hain tu i said dat in anger dint mean any thing jus dat u made me angry’ is dis divorce mufti saheb?
Wa alaykumus salaam
words of talaaq are of 2 types
1. sareeh(clear) and no intention is required.
2. kinaayah (unclear) intention is required
The type od arguement and response are from kinaayaat. Intention of your husband will count.
By: sana on September 3, 2009
at 8:38 pm
I also heard that if divorce is said in extreme anger, where the man did not realize what he was saying until later, that it would not count? Is this true, or is this also rumors about islam? As salamu ailaikum.
ASSALAAMU ALAYKUM
May i ask who gives divorce when they are happy and calm? None. We have been ordered by the quraan to swallow our anger. If we dont we have to bear the consequences.
By: Cookie on September 4, 2009
at 3:56 pm
I know many people who things were not working out for so they sat down and decided together that it would be best for them if they divorced. I don’t think they were happy but I believe they were calm and rational. Are you saying then, that if someone is not calm or rational and in a fit of anger and they don’t realize what they are saying, a divorce said in that state would count? As salamu ailaikum.
Wa alaykumus Salaam
Anger is from shaitaan. His aim is to destroy family ties and by doing so cause dessent and havoc in society. Therefore anger is haraam. Talaaq mentioned in anger is accepted and valid because Rasulullaah salallaahu alahi wasallam mentioned that talaaq said in jest or inn anger both are regarded as talaq.
By: Cookie on September 4, 2009
at 7:00 pm
Last question, insha Allah. Drugs and alcohol are from Shayton too so does that mean a divorce given while under those influences would count as well, because I heard that they do not? Are you saying then, that any time a man says you are divorced to his wife it would count no matter what in Islam? No exceptions? As salamu ailaikum
وعليكم السلام
The consumption of wine, alcohol and drugs are all haraam and forbidden. By breaking the command of ALLAH we are defying the decision of ALLAH. On doing so we will be answerable for our utterances while under influence of these intoxicants. Therefore while in this state a person who utters the word talaaq to his wife then it will be valid and accepted in islaam.(As punishment for his sin)
By: Cookie on September 8, 2009
at 6:09 pm
In the hanafi school, If a wife has a 3rd divorce does she have to wait for the idda period to end before STATING her intention to marry another to that intendant?
And also from all 4 schools, if a husband says you have the second divorce, is that a valid divorce? As salamu ailaikum. I’m sorry for the ’schools requirement” in the question but I am asking these questions for 2 different people and 1 strictly follows hanafi, and the other follows sunnah so aacepts all 4 schools.
ASSALAAMU ALAYKUM
Acceptance of any proposal during iddat is forbidden
ALLAH TA AALAA mentios in surah Baqarah
{ وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُمْ بِهِ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِيۤ أَنْفُسِكُمْ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـٰكِن لاَّ تُوَاعِدُوهُنَّ سِرّاً إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفاً وَلاَ تَعْزِمُوۤاْ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَابُ أَجَلَهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِيۤ أَنْفُسِكُمْ فَٱحْذَرُوهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌ }
[2:235]
There is no sin on you if you hint as a proposal to the women, or conceal it in your hearts. Allah knows that you will make mention of them. But do not make a promise to them secretly, except that you speak in a recognized manner. Nor resolve upon a contract of marriage until the prescribed time is reached. Be assured that Allah knows what is in your hearts. So, fear Him and be assured that Allah is most Forgiving, Forbearing.
As for the secomd question the qur’aan mentions that divorce that is revocable is twice in surah baqarah
{ ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَٰنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ آتَيْتُمُوهُنَّ شَيْئاً إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِ تِلْكَ حُدُودُ ٱللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَـٰئِكَ هُمُ ٱلظَّٰلِمُونَ }
[2:229]
Divorce is twice; then either to retain in all fairness, or to release nicely. It is not lawful for you to take back anything from what you have given them, unless both apprehend that they would not be able to maintain the limits set by Allah. Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release. These are the limits set by Allah. Therefore, do not exceed them. Whosoever exceeds the limits set by Allah, then, those are the transgressors.
By: Cookie on September 11, 2009
at 7:22 pm
I don’t mean is it an irrevocable divorce, I mean do the words “you have the second divorce” make a valid divorce in all 4 schools of thought? As salamu ailaikum
WA ALAYKUMUS SALAAM
yes it is a valid talaaq.
By: Cookie on September 12, 2009
at 11:30 pm
if a woman who had a histerectomy in her 30’s so she no longer gets a period and then at age 40 she gets divorced, according to hanafi and then the other 3 schools does she have to wait until menopause (55 years old) to remarry, or 3 months? And if it is 3 months, do you know what the confusion is about having to wait until menopause? and if it is that she does have to wait 15 years, why is that? I always thought iif you get a histerectomy and stopped having a period, that is menopause. Do some schools disagree with that?
ASSALAAMU ALAYKUM
hER IDDAT PERIOD WILL BE THREE MONTHS.wAITING TILL THAT AGE IS NOT A SHARII ISSUE.nORMALLY A WOMAN HAS HER MENOPAUSE IN HER FIFTIES, BUT AS YOU MENTIONED IT OCCURRED AFTER THE OP. tHEREFORE NO CLAUSE OF AGE. ALLAH MENTIONS IN SURAH TALAAQ,-
وَٱللاَّئِي يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاَثَةُ أَشْهُرٍ وَٱللاَّئِي لَمْ يَحِضْنَ وَأُوْلاَتُ ٱلأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً }
And [as for] those of your women who (read allā’ī or allā’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months — both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter.(fROM TAFSIR JALAALAIN)
By: Cookie on September 12, 2009
at 11:35 pm
if one was wrote an email a mufti saab asking for clarification on his talaq issue and then in his writing or he says that i said “such a such to my wife ”
if the mufti saab says to him it is talaq rajee.
becuause he is qoating word for word what he had said to his wife does this count again.
what i mean the email and the words he is quoating exisit again even if he is qoating from a previous conversation.
ASSALAAMU ALAYKUM.
qUOTATION IS NOT ONES WORDINGS BUT RATHER THE REPETITION OF PREVIOUS WORDS. bY MENTIONING TH WHOLE DETAIL OF A PREVIOUS CONVERSATION WILL NOT BE A NEW CONVERSATION. hENCE NO NEW TALAAQ.
By: Shweb on September 15, 2009
at 11:42 am
Assalam o Alaikum
I was standing in front of mirror and uttering following
“Talaaq deta hon nahi…. deta hon , deta hun nahi, deta hun kisi ko bhi nahi”
I uttered them while in alone and without the intention of divorcing my wife.
Please state if any Talaaq took place or not?
Wa alaykumus Salaam
No talaaq takes place
By: Rana Haider on September 15, 2009
at 2:33 pm
Assalamoalikum
We married in the month of april. After quarrel and unavoidable circumstances I came back to my mom’s house i.e., after two months of my Nikah. I asked my husband over the phone to written my furniture and other stuff given during my marraige. He replied”No”. Then I asked him that I’ll go to court to get my furniture back as I don’t want to stay in that house. I asked him to divorce me due to his misbehaviour and other issues. He was insisting in saying I will not divorce you. Next day his elder brother came and returned my furniture and asked me to sign on the divorce paper he brought with him. I didnt signed. In the divorce paper (Talaq, Talaq,Talaq, Talaq e bain) This is how it was written. Then after 5 mins my husband called me and said I have not divorced you, it is you who had asked for divorced. When I didn’t sign and didn’t written those divorce paper to them then again I got a paper from the Qazi office in which only (Talaq e bain) this word was written. This is how two divorce on the stamp papers I have recieved.
After a month’s period my husband chat with me online and said that “I cant stay without u. I never divorced you. When Qazi asked me to utter Talaq, I did not. I sealed my lips. I have just signed the divorce papers he gave me. I want to be reunited and I m ready to keep you in a seperate house. He also told me that In islam if a husband gives divorce to his wife being pressurized by wife then the divorce is invalid.
On 25th sep according to first divorce paper I will complete my iddat and on 27th sep according to the 2nd divorce paper i will complete my iddat.
I and my husband never had actual sexual intercourse and I am still virgin. But he has touched me physically and slept with me without clothes. I never allowed him to have sexual intercourse becoz he told me that I wud have no rights on my kids and all my kids decision wud be taken by my husband’s father. (Which I found is not according to shariah, being his wife even I have rights on my kid whom I ‘ll concieve and bear pain for 9 months).
Question:1 (As I m virgin, do I need to follow iddat period?)
Question:2 (Is my talaq valid as he divorced me being pressurized by me?)
Question:3 (In first paper “Talaq” is written thrce with “talaq e bain” and in second paper only the word” Talaq e bain” is written. Which paper should I follow and can we reunite without halalah?
I am very tensed and in a delima whether i m still married or divorced. Whether I shud perform iddat or not. (since last three month I had performed 3 month iddat which will be completed on 25th or 27th sep).
Question:6: After Iddat period also can we reunite without halalah?
Question: 7 (If talaq e bain has happened between us then does it mean 1 irrevocable talaq or 2 irrevocable talaq?)
Question 8: (Please clear whether we can still unite or not?)
Please answer me at the earliest.
Allah hafiz
Wa alaykumus Salaam
1. since khalwat saheeha (seclusion for a period of time where husband and wife are in total privacy) has taken place , Iddat will be compulsory
2. Talaaq uttered or agreed upon by the husband is valid. The talaaq falls through.
3. writing of three talaaq and then mentioning talaaq e baain does not make any sense. If three is uttered or written then the talaaq gven and it will be mughallazha, whereby remarriage can only take place after you marry someone else and he divorces you and you spend your iddat from that marriage. I would like to know if you have the first copy in your possession? Iddat will count from the first letter received informing you of your talaaq.
4.If the first letter is in your possession and it clearly states the talaaq word thrice then you will not be allowed to remaarry unless you marry another first.
5. Talaaq bain refers to one irrevocable talaaq.
By: Unknown on September 20, 2009
at 1:18 am
Thanks a lot to clear my doubts.As u asked me to send u my talaq papers. Please tell me where I can email or fax it to you?
Please pray for us. We are three sisters staying with our mom who is an arthiritis patient and stays on bed completely. We have no meheram. We have no father. We three work and follows strict pardha. Unfortunately the man whom I was married decieved me and divorced me. So please pray for we three sisters to get the best husband at the earliest, Please ask Alllah to send a man who follows islam practically in his life, who fears from Allah and who knows the responsibilities towards his wfe, who knows to respect his wife and this beautiful constitution of marraige.
Also please tell me how we can get the groom. As we follow strict pardha, we have no contact with any relatives as we dont want this divorce to be disclosed to others and unneccessary question asked by others which can lead the worst health of our mom. How we can get any good rishta for us? How we trust any man? Who will verify them for us? What islam says about these kind of situations? Should we just leave thinking about our marraiges and work for the whole life. We will do this but we are scared from our mother’s health. All these kind of situations have made our mom very upset. WE three ssters and our mother follows islam strictly and do do ibadaat a lot. We have believe on ALLAH. But please suggest us that how can we get married as we have no mehram, no man in our house to inquire about any man. How others will come to know that there are three daughters in this house who need to get married. Our age is 24, 23, and 22 respectively. WE three are working since the age of 18 yrs and staying with our mom and leading a luxirious life. But we have no mehram in our house. Since childhood we are staying with our mom all alone.
Please tell us what best we can do as per Islam to get this issue resolved and get married. We go to the office and come back from the office then take care of our mom. Other than this we never go out.
Eid Mubarak to you All. May Allah give the best to you all in world and akhirat both. Thanks a lot to answer my previous question. Also please tell me whethere today on the occasion of Eid can I get dressed up as my iddat period will be over on 27th septhember. I want to get dressed up for my mom and for the wish of Allah as he has blessed me with the ability to fast and do ibadat.
Allahafiz
Wa alaykumus Salaam
May ALLAH make it easy for you all.
You all should try and read the following ayah41 times after every fajr and asr salah
Rabbi laa tazharni fardow wa anta khairul waaritheen. Insha ALLAH you will be blessed with marriage and offspring.
While in iddat of talaaq you may dress up but not leave the house
By: Unknown.. on September 21, 2009
at 9:05 am
Assalamoalikum
Thanks for your reply.
You didn’t answer that where I can fax you or email you my divorce papers which I have recieved from my husband, so that it can be clear whether we both can reunite or not.
Do remember us in your dua. Specially our mom who cannot walk due to severe pain since last 2 years.
Thanks Again!
Wa alaykumus salaam
You may send the copies on my e-mail : jaamiahamidia@live.co.za
Allah Hafiz.
By: UnknowN on September 22, 2009
at 10:20 pm
Salaam
I have a question regarding divorce. During a heated conversation, my husband asked me “shall I say it talaq talaq” to which I replied “no dont say anything” and he said “I havent and wont say anything but leave the room for now” – how do we stand as far as the nikah is concerned?
Wa alaykumus Salaam
your nikah is intact.He asked you and did not say it.
By: sabha on September 23, 2009
at 4:15 pm
Assalam o Alaikum
1) If a person is offering Salah alone, Can he do recitation during Qayam little louder so as to attain attention during Salah.
2) If a person remembers that he has given Talaaq to his wife in the past but he can not for sure recall if he has really given Talaaq to his wife. Such thoughts keep crossing his mind on and off that possibly he has given one Talaaq to his wife in the past but is not sure of it on the other hand. Will this thing which often comes across his mind constitute one Talaaq or not according to Shariah?
Wa alaykumus Salaam
if a person reads salaah alone and in eclusion(not in masjid) then he may read loud or soft. He should not disturb others performing salaah with his rectal.
2. Slysqeen laa yazulu bish shak.
Assurity is not nullified by doubt.
This is a principle of islamic fiqh. Since you have doubt wether you divorced or not it will not constitute Talaaq till you are definite it was given.
By: Rana Haider on September 24, 2009
at 2:06 pm
salam.hamare rishte daro me aik ne talak de di he lakin ab wo rajo karna chahte hen unho ne aik kagaz baja tha talak ka lakin us per 3 dafa talak likha huwa tha lakin wo kahte hen ke 3 dafa talak bejne se talak hoti he halake us kagaz per 3dafa talak likha tha ap bataen ke kia wo rajo kar sakte hen.
Wa alaykumus Salaam
Talaaq likne se hota he. Agar tien baar lafze talaaq likhte he aur biwi ko dete he tu tien talaaq hojaate he. Jab tien talaaq ho tu mard ko ruju ka haq nahin.
By: nazia on September 24, 2009
at 4:38 pm
Assalamoalikum
I have sent an email to you with the attached Divorce papers. Till now i have not receved my reply. Please reply me at the earliest.
Emal id: jaamiahamidia@live.co.za
Allah hafiz
Jazaakumullaah your e mail is recieved
will anse\wer after consultation with the other muftis
, insha ALLAH
By: UnknowN.. on September 26, 2009
at 9:46 am
Mufti sahb i have previously posted u as well plz see the question on
Amir Ali on July 4, 2009
i replied your questions on
Amir Ali on July 7, 2009
i realized later that i uttered the word talaq my nay tumhay talaq dee using my wife name
although thr was no intention no burning arguments it was just loud thinking
please clearify
Jazak Allah
Brother ASSALAAMU ALAYKUM!!!
i ASKED OF YOU IF YOU ADDRESSED HER OR NOT AND YOU SAID YES. wHAT TYPE OF LOUD THINKING IS THIS THAT YOU ADDRESS YOUR WIFE AND DIVORCE HER?tALAAQ IS NOT ONLY GIVEN IN ANGER OR IN ARGUEMENT BUT AT CERTAIN TIMES AFTER PONDERING ONE CAN COME TO A CONCLUSION THAT CARRYING ON WITH THIS MARRIAGE IS NOT ADVISABLE AND THEN HE DIVORCES HIS WIFE. LATER HE REGRETS IT. iF TALAAQ WAS ONE THEN YOU CAN RECALL YOUR WIFE IN IDDAT AND RE MARRY AFTER COMPLETION OF IDDAT.
By: amir ali on September 27, 2009
at 3:21 pm
This is with reference of question
By: amir ali on September 27, 2009
at 3:21 pm
sir if by addressing you mean that i call her name then this is true but i havent called her to listen that secondly i didnt had any hot arguments
Thanks for your early reply waiting for the final decision
By: amir ali on September 28, 2009
at 5:45 pm
This is with reference of question
By: amir ali on September 27, 2009
at 3:21 pm
&
By: amir ali on September 28, 2009
at 5:45 pm
i was not thinking that carrying this marriage is not possible even i was just thinking how people do this and i uttered may tumhay talaq deta hoon using my wife name.
please get me out of this problem jazak Allah
Assalaamu alaykum
If you did not address your wife nor were you thinking of talaaq and giving her talaaq but rather day dreaming and imagining how to give talaaq, then no talaaq takes place.
By: amir ali on September 28, 2009
at 5:56 pm
this is with reference of my previous question
By: amir ali on September 28, 2009
at 5:56 pm
sorry to distrub you again i was u can call daydreaming and thinking or assumed for that time being that i am giving divorce and at that instant i used word may nay tumhay talaq dee at that time it was in my mind that i am just supposing a situation.
i spoke that words when i was alone talking to myself.
plz give me the final verdict and suggest how can we reunite plz note this incident took place more then 3 months before.
ASSALAAMU AALAYKUM
answer has been given .
By: amir ali on September 29, 2009
at 4:05 pm
salam mufti sahib
i did love merriage and it is just nikah..still rukhsati is not done..muftisahib me end my husband faced many problems with in 2 months of our nikah.and all of the problem were due to his famly & i love him but isaid many times …ky tm mari tarf sy azad hoo…or ya koi divorce ya sepration ki bate nai te.my intention was to say him do chill and enjoy with ur family main tmhain khuch nai kahoon gi even u can chill wid girls…but kahi bi intention divorce ka nahi ta
widin lat 2 weeks he told me a wrong story and i said him i want sepration and sepration means ky i will live in pakistan and he will live in abroad…
one day he was angry wid me i wa too much upset and i said her i need divorce and he simply said sayto ur mom then i will see..and i agin called him and said him why r u doing this u knw i cant live with out u………..
he never ever aid to me the word divore…and last night some told us when wife asksabout divorce then its the responsibilty of husband to do this otherwise both of them can say sorry to each other
so i wrote a n email to him that it was just in anger and i dont want anything i do tooba and inshallah next time i will be careful
pleae tell me
is it a divorce or what should we do for keeping this relation good according to islam
Wa LAY kumus Salaam
The utterance of the husband is what takes effect in a marriage, not that of the wife.She can scream till she turns pink mand blue “divorece, divorce” and nothing will happen.If no utterance from him then there is no divorce.
By: maha on September 30, 2009
at 7:32 am
Assalamu-alaykum
I would be grateful for your advice on the below.
My husband sent me an unclear short text message saying ‘u r nt stayn n i hvn n gvn u 1 divorce 2 to go n we r dun
I replied asking for clarification ‘what do you mean – if I stay at my mums you’re giving me a divorce?
He then sent me a message saying ‘Obviously thats what I mean’.
Due to this, I did not stay at my mums and returned home.
Please tell me how we stand with our nikah and also would I be allowed to stay at my mums with the permission of my husband in the future? I would like to also tell you that he did not stipulate I can never stay – it was for the time in question only as I have asked him for clarification.
wa alaykumus Salaam
This talaaq is known as talaaq fouri. It means with immediate effect only. Once the condition set out for talaq is cancelled then no talaaq takes place and allows an individual to do that thereafter. yes it will be preferable to ask for consent prior to doing so to prevent any complications and unnecessary problems.
By: Sobia on October 2, 2009
at 9:33 pm
assala-o-alaikum, I will be really thankful if you can help me regarding my issue. I had a fight with my wife last week and during that I said I don’t remember the words exactly but i ask my wife 3 time about my words she told me that you were saying if you take my kids to your parents home you’ll(she) will be divorced 3 times. I ask her three times this is what she told me. As i said i don’t remember anything what i said it could be either if you take my kids to your parents home you’ll be divorced or if my kids go to your parents house you will be ???? or if you take them to your parents house without my permission. I am living in canada and her parents are in pakistan and my older kid is only 4 yrs of age he can’t go by himself seems like the ist statement that she is telling me is right if she takes my kids anyhow i wann a know if i can either change the condition rather than her if i take them or anybody else take them. secondly how can i remove this condition if i want. Please brother help me in this regard as Allah will give you jaza for that for showing me the right way. I don’t want to do anything against shariah but this is the biggest mistake of my life.
jazak Allah
muhammad
wA ALAYKUMUS sALAAM
tHE STATEMENT WAS MADE IN ANGER AND IT WAS CONDITIONAL. oNCE THE ANGER SUBSIDES YOU HAVE THE RIGHT TO NULLIFY THE CONDITION. tHEREFORE THEY MAY GO AND NO TALAAQ EILL TAKE PLACE IF YOU ALLOW THEM TO GO.
By: muhammad on October 9, 2009
at 3:48 am
Thank you very much for your reply
I have one last general question – if one is uncertain if they have effected a divorce in the past or not or cannot remember their intention on whether they gave a valid/conditional divorce or not – how would the couple stand.
Jhazak Allah Khair
ASSALAAMU ALAYKUM
There is a principle in Islam,
“alyaqeenu laa yazoolu bish shak”
A definite issue is not effected by doubt.
If you have doubt in an issue whether it took place or not , the doubt is not valid ttill there is proof of it having taken place. Therefore in these doubtful thoughts there is no effect.
By: sobia on October 10, 2009
at 10:20 am
my question is my wife married to me last year in augest wihtout her parenst permisson & knwoleg after that as my reqeust my wife inform her parents and they angy as usual on this status then she leave her home and live wiht me 1 month after that they perants show to her that they are agree and accept our weding but when she go home they fornt of her cry and say that what we tell to our faimly that u married iwhtout us and etc then my wife withotu inform me go to sharia council and apply for divorce but still our divorce in pending so i want to know wht to do that stop this divorce as my responsiblty i try to her all famly member but they not be helpful bcz they replay to me that i married to her bcz of UK PASSPORT bcz my wife birthis
ASSALAAMU ALAYKUM
You should have at least taken permission from her parents before taking such steps.Now if the wife is demanding divorce then you should discusss it with them.For me to give you something to change their thoughts is haraam and forbidden.
By: Mohammad Gullam Mustufa on October 10, 2009
at 1:04 pm
Assalaamu alaykum
I asked you a question over a week ago regarding a text message I received from my husband approximately a year ago and the clarification I sought from him. I received your answer but recently I have started to experience bad thoughts and started assuming in my head that what if I am actually divorced. I keep whispering to myself what if I am divorced by the text received despite the fact I know from your answer this is not the case –
when people talk of divorce around me I start shaking inside and the above thoughts keep crossing my mind again. I am very worried and distressed Mufti Saheb – I wake up in the night and cannot go back to sleep for hours thinking about the message I received. at times I even feel like crying – I need your urgent help in overcoming this matter.
Jhazak Allah Khair
Wa alaykumus Salaam
these are waswaasi thoughts (shaitaani thoughts) and therefore i encourage you to make a habit of reciting the three quls with bismillaah three times each every morning and evening (after fajr and maghrib salaah) blow in water and also on hand and rub over body. Drink the water as well.
By: sobia on October 12, 2009
at 10:58 am
As salam-o-alekum,
I am living in overseas and i had fight with my wife over the phone then somehow i said ” MAI TUMHAIN as i said that the line dropped and i continues TALAQ DETA HO” ( just once ) after that i immiditely realize what i have done, i redail the number and asked her did she listen any thing she replied no she didnt because of the line drop. now my question is, is this is this TALAQ really happened and if it is then what should i have to do? i know i’ve got still rights to make RUJU as it was only one TALAQ but now for some reasons if cannot go back to her within iddat what should be the next step. i told her after that, that this is what happened we both regret alot and promise ourselves that this thing will never ever happen again but what should i do now ?
Wa alaykumus Salaam
Talaq is valid and you may make ruju by simply calling her and telling her i make ruju. That will be sufficient and make someone a witness to it.
By: aadil on October 19, 2009
at 11:09 am
Assalamu-alaykum
I took your advice to read the three quls after fajr and maghrib salah and alhamdulillah my situation has improved but I get some bad thoughts/feelings. I keep thinking what if I misinterpreted the text I received and the answer. I know I clarified it by text but didnt discuss it otherwise.
I keep thinking what if he meant I am giving a divorce regardless. I know this is my thinking and I dont know why these thoughts have entered my head slowly but they started to take over me. It has been that long now that my husband wont be able to remember anything for certain.
Only Allah Ta’Allah knows the reality but I would like to know will one be held accountable even if one has doubtful thoughts and cannot remember anything for certain or does the fiqh command you to accept what you suspect?
Wa alaykumus Salaam
The is a principle in fiqh ” alyaqeen laa yazulu bish shak”, the definite will not be effected by doubt. You are definitely married and the doubt of talaaq will not effect your marriage until it can be proved with certainty.Therefore your nikah is intact.
By: Sobia on October 19, 2009
at 1:31 pm
Assalam-o-alekum
I m blessed with a baby boy on 1st July 2009 and My Husband gave me 1st divorce on 2nd July 2009, then after so many more insults he came with his mother, father and big brother. My family talked with him n after doing a happy ending it was decided that I will go with him after some days. He was asked to come daily to c me. But again he got misunderstanding and he is still fighting with me that u have to come urself , i cant come to pick u, as my 3rd menstrual pause is nearly to be started.
Please let me know that as he came for ruju n went with a friendly mood but i m still at my mother’s place…..so the ruju has done or it will be said to be done after our sexual course?
Please let me know soon as time is less.
ALLAH Hafiz
Wa alaykumus Salaam
Verbal ruju is sufficient. Try and return home to your husband as quick as possible.
By: Madiha on October 24, 2009
at 9:10 am
assalamualaikum mufti saheb… my question is once me and my husband were having a conversation about quran and he told me dat he read it in the afternoon when i was asleep… i told him i saw u reading it.. at hearing this he told me in a humorous tone ‘tu chali ja’ widout the intention of divorce meaning why were u looking at me i wanted to read it widout u watching me… after dat sentence he paused ansaid ’spying agency mein ja’… mufti saheb m reallly scared is dis divorce…
Wa alaykumus salaam
No it is not divorce but rather sarcasm from your husband.
By: kaa on October 25, 2009
at 3:13 am
what kind of niyyat is a person suppose to have during kinayat divorce?
“ASSALAAMU ALAYKUM”/???11!!!!
When in arguement and a person intends that his wife be seperated from him and uses words which normally do not mean talaaq then it will be regarded as kinaayat. If he uses such words without intending talaaq then it will not be talaaq. Example, Go and liove with your mother. It will not be regarded to be talaaq unless he intended it.
By: shaikh on October 29, 2009
at 4:58 pm
Assalam o Alaikum
Alhamdolillah a baby boy is born safe & sound to me on Tue, 28th Oct and I want to do Aqiqa on next Tuesday for him.
1) If I am out of pocket for Aqiqa can I borrow some money for it as I heard its very virtuous to do it on 7th day after birth & I pay the money off after some time.
2) Is it ideal to slaughter 2 goats on 7th day? Can I slaughter on 7th day and distribute its meat among relatives / poor after few days. Will slaughtering be sufficient for Sunnat irrespective of distributing its meat on any other day?
3) Can I also cook whole meat & feed my relatives?
4) Is name of baby should be kept on 7th day as a Sunnat / Mustahab?
Wa alaykumus Salaam
1.) Aqeeqah may be done on the seventh or in circles of seven days thereafter.It is a sunnah and it would be better that a person does not take a loan. If the loan is non intrest based then it will be permissible if it will not cause financial strain on the individual.
2.)Yes the slaughter on the seventh day is sunnah. If there is delay in he distribution of the meat then it will not be a problem.
3. ) One has the option to feed the people and partake of it himself or if he wishes to distribute the meat and keep some for himself as well.
4. It is a sunnah to keep the name by the seventh day.
By: Rana Haider on October 29, 2009
at 8:16 pm
Assalm-o-alekum Mufti sahab,
RUJU IS DONE OR NOT?
I m Madiha who had asked u the question regarding first divorce on 24th October. Please let me satisfy with ur answer again.
My husband when came didn’t used the word RUJU and neither said that he has come to pick me. His elder brother said only once that we have come to pick me with them and then my husband started blaming me infront of his and my family when i was not sitting there.
I belong to Ahl-e-Hadith fiqah. please let me know the answer in this light.
I m really thankful to u.
Madiha
wa alaykumus Salaam
Firstly i am not acquinted with the so-called ahle hadith fiqh and therefore cannot answer in the light of their fiqh. I therefore abstain from answering.
By: Madiha on October 30, 2009
at 12:23 pm
Assalam Alaikum Mufti Saheb Answer must be in “Quran & Hadees” with verses thanx Allah bless on uss…..
1. My mother is not happy with my wife as per Quran and Hadees Mother and Father is important than wife. If mother is telling that u Divorse to u r wife can i do???? please give the referese of Quran and Hadees i cant leave Mother/Father as well as my Wife now tell me what can i do???? Please give me the answer as soon as possible. I try 100 times to solve but they cant stay in One slab means same flat….
Wa alaykumus Salaam
I think you got the stick at the wrong end. The issue is that you have failed to provide your wife with a seperate living quarters where no one has control of except her. The living quarters is her own private room , bathroom and kitchen.You are asking for the impossible today if you think you could keep them all happy under one roof. In a hadeeth narrated in the sunan of abu dawood and ibn majah it is mentioned that Rasulullaah Sallaahu alayhi wa sallam was asked of the rights of the wife over the husband. Rasulullaah saaws replied, ” You have to feed her when you eat and give her clothes to wear and not hit heron her face or use abusive lanfuge with he and when you leave her alone leave her in private quarters.
By: Haji on November 3, 2009
at 2:29 pm
Salaam,
Please help me out….this is my situation,
I got marrid two years ago but under family pressure. after the nikah and following days i yet to this day do not call the man i marrid as my husband in my heart. It has been two years and the marrige has not been consumated (no sexual intercourse). there is no communication btween us watso ever.
Is the nikah still valid and if he says talaaq to me 3 times without no witnesses is the talaaq valid? even if he dusnt mean it?
All family members know that the marrige is not working out and will be resulting in a divorce. due to family they are waiting for his visa stay in the uk.
Thankyou.
Asalaam alykum.
Wa alaykumus Salaam
Non consummation of the nikaah does not negate the validity of the nikaah. If he utters the word talaaq and addreses you with it then the talaaq will be valid.
By: Naida on November 8, 2009
at 7:42 pm
sorry but i really need to be clear with this….is the talaak valid if he says it without no witnesses??? what do you mean ‘addresses it to me’ does he need to say my name??
What if he dusnt mean it from the heart and just says it??
Assalaamu alaykum
Yes he has to address it to you by either mentioning your name or speaking to you directly. It would be more appropriate to have witnesses present to remove any form of dispute.
By: Naida on November 9, 2009
at 1:32 am