Muslimah

Question My friend got divorced in this Ramzan and his wife was(is) 5 months pregnant as well . The reason for divorce was that his wife had boy friends before marriage and someone said that after marriage also she would meet her ex boy friends . On this reason he divorced her and under the influence of his parents. Now what i want to know is was that a right path , did it have Allah's Sanction to this deed ? what about the child who is in the womb ? What will happen to that baby and his/her future ? Answer Praise be to Allaah. What you have mentioned in the question covers a number of issues: 1 – What you have mentioned about your friend divorcing his wife during her pregnancy is valid according to the consensus of the scholars, because of the hadeeth of Ibn ‘Umar in al-Saheehayn, according to which the Prophet (peace and blessings of Allaah be upon him) said: “Tell him to take her back, then to divorce her when she is pure (not menstruating) or pregnant.” That in...

Question I am a married man; I have children and a wife. But I am always arguing with my wife. I have tried several times to solve my problem with her, but to no avail. She does not agree to divorce (talaaq), and she does not please me from a sexual point of view. Our culture does not allow me to take a second wife, for people do not give their daughters in marriage to a man who is already married. I am afraid, if this situation continues like this, that I may commit unlawful actions. Please advise me. I hope that you can advise me sincerely, and tell me how to solve this problem of mine, and what is the best solution. Answer Praise be to Allah. Firstly: Families are not without problems, some of which are easy to resolve and some of which are difficult. One who wants to solve his own problems or the problems of someone else must understand the causes that led to those differences and conflict and resentment, whether it is between spouses, between friends, or between fath...

Question What is your opinion about a person who falsely divorces his wife, i.e. formally having the divorce contract, without saying the word of talaaq actually to her? This enables him to marry a European woman in order to get a residency. Then he will divorce the European woman and return his first wife to him afterwards. What is the ruling on this matter?. Answer Praise be to Allaah. Firstly: Marriage is a serious covenant and it is one of the most important rulings of sharee’ah, by means of which intimacy becomes permissible and rights such as the mahr (dowry) and inheritance are proven, and children are attributed to their father, and other rulings. By means of divorce, a woman becomes haraam for her husband and is deprived of inheritance, and she becomes permissible for other men to marry, subject to well known conditions. Our aim in explaining all this is to alert the Muslims to the necessity of not using these two contracts in ways other than that which has been...

Question A man had an argument with his wife and told her, “You are divorced.” She swore at him so he kicked her in the stomach and pushed her down the stairs. She was five months pregnant and she lost the baby. Then he regretted it and went to her family’s house to take her back. Her father asked me for advice and I asked him to wait until I consulted one of the ‘ulama’ (scholars) because maybe her ‘iddah ended when she miscarried. What is the ruling on that? Answer Praise be to Allaah.  The scholars are agreed that the ‘iddah of a divorced woman who is pregnant ends when the pregnancy ends, because Allaah says (interpretation of the meaning): “And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden” [al-Talaaq 65:4] They are also agreed that if a woman miscarries a foetus in which human features are apparent, her ‘iddah ends at that point. (al-Mughni 11/229). The h...

Question Can a woman who has been revocably divorced (first or second talaaq) stay in her husband’s house, or should she go to her father’s house until her husband takes her back?. Answer Praise be to Allaah. A woman who has been revocably divorced has to stay in her husband’s house, and it is haraam for her husband to ask her to leave, because Allaah says (interpretation of the meaning): “And turn them not out of their (husband’s) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allaah. And whosoever transgresses the set limits of Allaah, then indeed he has wronged himself” [al-Talaaq 65:1] What the people do nowadays, when a woman is revocably divorced and she goes straight to her family’s house, is wrong and is haraam, because Allaah says (interpretation of the meaning): “And turn them not out of their (husband’s) homes nor shall they (themselves) leave ” [al-Talaaq 65:...

Question I hope that you can explain the ‘iddah of a woman divorced by talaaq. Answer Praise be to Allaah. If the woman is divorced by talaaq before the man has entered upon her and been alone with her, i.e., before intercourse or intimacy with her, then she does not have to observe any ‘iddah at all. Simply by virtue of the divorce it becomes permissible for her to marry another man. But if he has entered upon her and been alone with her and had intercourse with her, then she has to observe the ‘iddah (waiting period) which takes one of the following forms: 1 – If she is pregnant then her ‘iddah lasts until the pregnancy ends and she delivers, whether that is a long time or a short one. It may so happen that he divorces her in the morning and she gives birth at noon, in which case her ‘iddah is over. Or it may be that he divorces her in Muharram and she does not give birth until Dhu’l-Hijjah, so she remains in ‘iddah for twelve months. The point is that the ‘iddah of the ...