Explanation of Rujoo

Tuesday, 17 January 2012 06:08 Moulana Yusuf Laher

Q: What is rujoo? How does one do rujoo?

A: When one or two direct Talaaqs are given and the husband wishes to reconcile with the wife, he can do so during the Iddat period in one of two ways; 1. he can verbally say that he has taken her back, 2. there is some form of intimacy between them (not necessary sexual intercourse). One of these two points if done brings her back in the Nikah, but has to be done within the Iddat period and this procedure is referred to as Rujoo' i.e. revoking the Talaaq.

If the Iddat is already over or a Talaaq Baa'in was issued the Rujoo by one of these two means is not possible, but a new Nikah has to be performed, whether during the Iddat or after the Iddat has expired.
If three Talaaqs were issued then the Nikah is completely over. Rujoo and a new Nikah is not allowed.
If for example one Talaaq was issued and Rujoo' was made, the husband now only possesses two Talaaqs because the one issued has been used.

If you have any further queries, do not hesitate to contact us again.

Moulana Yusuf Laher

Proposing in Iddat

Monday, 28 March 2011 07:40 Moulana Yusuf Laher

Q: Is it permissible for a man whose wife is in a state of Iddat due to him having issued one talaaq (divorce), to show an interest and even propose marriage to another woman?

A. It is permissible for a man to propose to another woman while his other wife is in Iddat. It is not permissible for a woman undergoing her Iddat to receive or accept a proposal.

However, to ease the pain of the Talaaq that the ex-wife is undergoing, the man should refrain from Nikah negotiations with another woman until after his former wife’s Iddat has ended.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Claiming Money from Estate

Tuesday, 01 February 2011 07:09 Moulana Yusuf Laher

Q: My mother is one of the heirs to her late father's estate (long deceased), the executor being her brother. As I, one of the sons, am in considerable debt, would it be permissible and advisable for me to request any monies from the estate (being an advance which I cannot claim for later)?

A: If your grandfather had passed away a long time ago then his estate should have been wound up and distributed long ago. By virtue of being an heir your mother can ask for her share to be paid out. You can then make a request to her for money to settle your debts, which she is at liberty to accept or refuse. If any money is forwarded in advance, it will be deducted from her share when it is eventually paid out.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Flowers on Graves

Monday, 20 September 2010 01:31 Mufti Siraj Desai

Q: is it permissable to put flowers on a grave? I hve heard that it is makrooh because it is biddat

A: It is not permissible to place flowers on a grave because this is not established from any Hadeeth or practice of the Sahaabah. Furthermore, it is also a practice of the Nasaara in our times. It is therefore, Haraam and bid’ah to place flowers on the grave. However, it will be permissible to place a dry twig or branch on the grave, but this should be done once only, not on a continuous basis.

And Allah knows best

Mufti Siraj Desai

No Love in Marriage

Monday, 11 March 2013 09:32 Mufti Siraj Desai

Q: My husband and I are going to be married for several years this year Insha Allah. However he completely lacks any kind of affection or love or romance towards me. I have spoken to him about this so many times and I have told him how much it hurts me and I have asked him if there is anything I can do to make it better but he just refuses to answer me and just ignores me. I feel like I cannot continue in this marriage as I am very unhappy most of the time because I feel he treats me badly and this causes us to fight everyday. Any advice would be appreciated.

A: Please try the following, if you haven't already:

1) Marriage counselling together

2) Counselling by an Aalim or elderly person in the family or community

3) Ask husband to write down the things that he doesn't like about you in the marriage or that causes him annoyance. If you write down the same things about him, it might urge him to do the same and also might prompt him to take the marriage seriously

4) If the above fails, call in both parents and have a meeting. Your problem is serious, so it is essential that you involve the parents of both spouses.

Both of you must speak openly about the problems in the marriage.

5) Ask a Moulana or Imam to approach him privately to discuss the matter

6) Encourage the husband to keep company with Ulema or pious, learned people in the community. Encourage him to go for spiritual reformation and upliftment. Urge him to attend a zhikr program if there is one like that taking place

After all the above fails, ask the husband to issue one talaaq only; when there is no compatibility in the marriage and the couple is unable to fulfil each other's rights, the only recourse is divorce, as much as we don't like it

And Allah Ta'ala knows best

Mufti Siraj Desai

Husband Refusing Divorce

Friday, 13 January 2012 12:28 Moulana Yusuf Laher

Q: If the wife asks for a talaaq (divorce), but the husband refuses to divorce her and she's truly unhappy in the marriage, what can she do?

A: They must get the elders of the family or community or the local Ulama to sit with them and try to resolve the differences. Another option is Khula'. Khula' is when a wife requests her husband to release her from the Nikah in lieu of money or other material commodity.

Moulana Yusuf Laher

Visiting Relatives in Iddat

Monday, 14 March 2011 08:55 Mufti Siraj Desai

Q: Is a woman allowed to visit family members like her parents or sisters if she is observing iddat and use the excuse that she will be with her family so she doesn't see the problem?

A: A woman who has been divorced is not allowed to leave the confines of her home during the iddat for whatever reason, be it to visit friends or relatives or to attend the funeral of even her parents. If however, there is some danger to life or limb and leaving the home becomes necessary then she is allowed to leave but must return as soon as the danger is over.

Mufti Siraj Desai