Divorce

Asking about Divorce

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Q: Few months back I was asking questions to my wife about divorce; I mean we had a discussion on divorce and in a question I said: "if I say to you that I divorce you, I divorce you, I divorce, then by saying like this does divorce take place in Islam", she replied: "yes". I said: "ok". Then she said to me: "why did you use the divorce word three times?" I said: "I was just asking you a question not giving divorce in any way." Is this a divorce or not? I was not angry at all and we are very happy with each other.

A:
This was not a divorce.

Moulana Yusuf Laher

Divorce under Pressure

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Q: Some one issues a divorce to his wife due to pressure from family, but the person doesn't want to give it; the wife is pregnant also and she doesn't know about the divorce. But after that the man wants to make rujoo (take her back in marriage). What is the ruling?

A:
The divorce issued is valid. If a Talaaq Raj'ee was issued then he can make Rujoo during the Iddat period. Her Iddat will end when she gives birth. So he will have to make Rujoo any time before she gives birth.

Moulana Yusuf Laher

Divorce as Last Resort

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Q: Is it a sin to talaq (divorce) my wife if she only listens to her parents always and not me, after staying 5 months with them?

A:
The Hadeeth mentions that divorce is the worst of permissible acts. (Kanzul Ummaal V9 P661). Shari'ah even frowns upon a person who divorces for flimsy reasons, so imagine if a person divorces his wife for no reason. This will definitely be sinful and such a person will have to answer in the Divine court. The throne of Allah shudders when a person divorces his wife (Kanzul Ummaal). A person who divorces with no reason is inviting the wrath of Allah Ta'aala. Shaytaan becomes very happy when a man divorces his wife. (Kanzul Ummaal). Divorcing without reason will be even more pleasing to him.

Talaaq is the last resort. Other means of solving the differences should be adopted and there a few means available. If after trying everything and it fails then only should Talaaq be considered.

Moulana Yusuf Laher

Divorce in Pregnancy

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Q: Can your husband talaq (divorce) you when you are 6 months pregnant? And what is the iddah (waiting) period for that?

A:
If he does that, Talaaq will take place.

For a woman who experiences Haidh (monthly menses) the Iddah is three Haidh. For a woman who does not experience Haidh it is three months and for a pregnant woman it is delivery of her baby.

Moulana Yusuf Laher

Divorce on Request of Solicitors

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Q: I had given my wife a talaaq (divorce) on the request of her solicitors. I had written her a talaaq and sent it to her after her solicitors said they were worried I would not give her an Islamic divorce. Upon this request I gave her talaaq. It has now been almost two years and the supposed iddat period has passed, but she is adamant that she did not request a talaaq, rather it was her solicitors who did. Does this mean that we are still married and she is telling me the truth? If talaaq was issued, and this was the first talaaq, after the two years, does she have to do halala and marry another man prior to returning to me? Or can we just do a fresh nikah (marriage)?

A: Even if she did not request the Talaaq, by you issuing it, it is valid and binding. So one Talaaq has taken place and the Iddat is also over.

If you wish to reconcile, a new Nikah has to be made, with a new Mahr. There is no need for Halaalah. After remarrying her you will be the owner of the remaining two Talaaqs.

Moulana Yusuf Laher

Going to Court to get Maintenance

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Q: I have been divorced for 7 years. My daughter was 5 at the time. My ex husband hasn't paid maintenance for our daughter in all this time. We cope most of the time however there are times when we could do with the money. I am contemplating taking him to court however I am not sure if it is Islamically correct?

A:
First try other avenues; get family members to speak to him, ask your local Ulama to speak to him, etc. It they do not work, your last resort will be the court and it will be permissible.

May Allah Ta'aala make it easy for you, Aameen.

Moulana Yusuf Laher

Intention to Divorce in Anger

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Q: If in extreme anger my husband said "I will divorce you tonight" then later does not do anything, does that count as talaq (divorce)?

A:
It does not count as a Talaaq.

Moulana Yusuf Laher

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