Q&A Library for Marriage & Divorce

# Title Post date
1 Talaaq under duress Wed 25 Mar 2015

A man is threatened with his life if he does not divorce his wife. In order to save his life he issues three divorces. Will these divorces be valid?

Even though the three divorces were issued verbally by him under duress, they are valid and the wife will now be regarded as a total stranger to the husband.

ويقع طلاق كل زوج اذا كن بالغا عاقلا سواء كان حرا او عبدا طائعا او مكرها كذا فى الجوهرة النيرة
فتاوي محموديه ص172 ج18
2 Marrying the second wife's daughter Wed 06 May 2015

Bakr has a son from his first wife who is now late. Bakr re-married after his first wife’s demise and has a daughter from his second wife. Can the son from the first wife marry his daughter who is from the second wife?
The boy and the girl are the children of the same father thus such a marriage will not be permitted.
3 Missing husband Wed 06 May 2015

A woman’s husband went missing and cannot be located in spite of searching for him. When is this woman permitted to remarry?
4 Fondling with one's daughter Fri 20 May 2016

If a man touches his daughter with desire, will his wife become Haraam upon him permanently?

Yes, if he had touched his daughter that has reached the age of puberty or is close to the age of puberty in such a manner that he was able to feel the heat of her body, and due to such an act
of touching, lust and desire was created within him or his existing desire had increased further, then his wife will become Haraam upon him. He should now end his marital relationship with his
wife by divorcing her. (Fatâwâ Mahmûdiyyâ p. 512 v.16)
5 Marrying a woman for a particular period of time Fri 20 May 2016

A man gets married to a woman for a stipulated period of time. Is such a Nikah valid in Sharî’ah?
Such a Nikah is termed as Nikah-e-Mut’aa. It is totally forbidden in Islam. The woman does not become Halaal for the man even though the Nikah may have been performed. The Shari’ee laws that
follow after the performance of a proper Shari’ee Nikah will not apply, such as a divorce taking place. None of the ‘so called’ spouses will inherit from the other in the case of either one passing
away. In short, there is no position for such a Nikah in our Deen.
6 Marrying one's x- son-in-law Fri 20 May 2016

Zainub got her daughter married to Zaid. The marriage didn’t materialise and ended up in divorce. Is it permissible for Zainub to marry her x- son in law?
It is not permissible for Zainub to marry her x-son in law. (Fatâwâ Mahmûdiyyâ p. 448 v.16
7 Missing husband Fri 20 May 2016

A man is missing since the past nine years. He whereabouts is not known. Can the wife re-marry in such a situation?
Such a woman should present her case before a Muslim judge stating, “So and so is my husband who is absent for so many years, he hasn’t left anyone responsible to take care of my financial
needs, nor does he send any funds, neither has he left behind any funds. I am in great difficulty and have a need to remarry.” The Muslim judge will then investigate the matter and try to locate
8 Statements of Talaaq using the future tense Thu 20 Sep 2018

Question:

A husband said to his wife in January 2018 if you go overseas to teach (she is a school teacher) I will divorce you. He said this twice. In August 2018 she went to teach in Dubai, what is the status of the nikah?

Answer:

9 advice on remarriage whilst mother is upset Wed 17 Oct 2018

Question:

10 Delaying Walimah Wed 17 Oct 2018

Question:

Aslkm Mufti saab i wanted to ask a quick question. My brother-in-law wants to get married in December. The Nikah is kept on a Friday with Ruksati. They want to give a dawat for walima but due to availability of venue they keeping it after 3 to 4 days. Is it still counted as Walima or is it counted As just a Dawat not Walima.

Answer:

11 ambiguous divorce Wed 17 Oct 2018

Question:

My husband and I had issues. My husband said something to this effect... "You can go and look for another husband"... these words were said to me on two separate occasions. On both occasions we patched up in a few days.

I want to know if talaaq fell?

Answer:

12 Annulled Marriage Sat 02 Mar 2019

Question: 

I am separated from my
husband for about ten years, but he did not give me talaq, so the jamiat in my
area decided to cancel our nikah. My question is will I have to sit for iddat
after this cancellation takes place?


Answer: 
13 Kufu in lineage Mon 04 Mar 2019

Question: 

Please explain the following situation of Kufu: - 
Will there be Kufu in today's races, like Pathan, Sayed, Shaikh, Patel, etc? 
Situation: A boy from a Pathan family proposed for a girl in a Patel family. The girl's parents say that they don's want to give their daughter to a Pathan family. that is the only reason of their denial. They agreed on everything, because the girl is insisting to marry this boy, but the parents say that it is not Kufu. Please explain. 

Answer: 
14 Wife cooking for husband, demanding a domestic worker, Husband taking back gifts Mon 04 Mar 2019

Question: 

a couple are married for 4 months and are now experiencing issues. They have the following questions: - 
1. Is it the responsibility of the wife to cook for the husband? If not, is the husband required to purchase food? Whose responsibility is it to ensure that the house is cleaned and swept daily? 
15 Walimah on the same day as Nikaah Mon 04 Mar 2019
Question: 
Can Nikah and Walima be kept on the same day? Due to availability of venue we are finding it difficult to keep it the second day hence want to keep it same day. What are the conditions that need to be fulfilled if thats the way we want to keep? 

Answer: 
16 Maintenance of ex wife Tue 05 Mar 2019

Question: 

If a person puts down a condition, that if Talaaq takes place, the wife will drop all her rights of maintenance, si this condition in terms of Shari'ah? 

Answer: 
17 Walimah from girl's side Tue 05 Mar 2019

Question: 

For the girl to have/host a Walimah, is it connected to any part of Deen (eg. Permissible, Sunnah, etc.)? 
Is it permissible to attend such a function or should one abstain from it? 
Did Nabi Sallalllahu Alaihi Wasallam say anything with regard to this (Walimah of a girl)? 
Should we encourage towards such functions or should we advise people to abstain from such gatherings? 

Answer: 
18 Written divorce Wed 06 Mar 2019

Question: 

1. A person writes out 3 divorces to his wife and then intends to hand over the written Talaaq to her. However, before handing the letter over to her, the 2 of them reconcile. The wife finds the letter under the vehicle after a few days. Does the Talaaq fall? When is the Talaaq effective? 
2. If divorce is written in clear words of divorce, does a Talaaq Raj'ie take place? What is the status of a written divorce? 
19 Written divorce Wed 06 Mar 2019

Question: 

1. A person writes out 3 divorces to his wife and then intends to hand over the written Talaaq to her. However, before handing the letter over to her, the 2 of them reconcile. The wife finds the letter under the vehicle after a few days. Does the Talaaq fall? When is the Talaaq effective? 
2. If divorce is written in clear words of divorce, does a Talaaq Raj'ie take place? What is the status of a written divorce? 
20 Iddat for deceased's wife Wed 06 Mar 2019

Question: 

A person passed away on 13th January 2019 before Thuhr. When will the Iddat of his wife complete? 

Answer: 
21 eloping and annulment of marriage Wed 06 Mar 2019

Question: 

I am a student of deen
and had a query that I wasn’t sure about. Could you please assist.

With regards to a male
and female of mature age eloping.

1) is the nikah valid
without the knowledge of the wali

2) do they have to
have witnesses?
22 Talaaq typed out by wife Wed 06 Mar 2019

the wife typed out the following: 

I, Abdullah hereby give Fatimah an official Talaaq, Talaaq, Talaaq (Divorce) 
Both husband and wife signed this in front of each other. Are the Talaaqs effective? 

Answer: 
If the wife typed out the 3 Talaaqs in the presence of the husband and both parties then (in each other’s presence) signed the document (without the husband verbally reading out the written document or/and articulating any Talaaq) such a written Talaaq will not be valid.
23 Secret Nikaah Wed 06 Mar 2019

Question: 

Is hidden Nikaah permissible? 
If it is not permissible, then what step should be taken if done? 
What is the status of such people who do hidden Nikaahs? 

Answer: 
With great wisdom and foresight, Rasulullaah Sallallahu Alaihi Wasallam advised his Ummah:
“Publicize this bond of marriage and perform it in the Masjid” (Tirmidhi) 
24 Renewing invalid Nikaah Wed 06 Mar 2019

Question: 

1. A person makes Nikaah Faasid with a woman. He then makes Nikaah Saheeh. Is his Nikaah valid? 
2. A person makes Nikaah Saheeh. He then divorces his wife. After her Iddat, he remarries her, but without any witnesses. He then performs another Nikaah, following the correct procedure with witnesses. Is his final Nikaah in order and valid? 

Answer: 
25 Marrying one's foster nieces who are also one's cousins by lineage Wed 06 Mar 2019

Question: 

A person is breast-fed by his Dadi (paternal grandmother). What is the ruling if he wishes to marry his paternal uncle's children (cousins)? 

Answer: 
It will be impermissible for a person who was breast-fed by his Dadi (paternal grandmother) to get married to his paternal uncle’s children. (Fataawa Mahmudiyyah Vol. 11 Pg. 340) 
26 Nikaah over the phone Wed 06 Mar 2019

Question: 

We explained to our
congregation that it is not permissible to perform nikah over the phone.
27 Representative of bride and witnesses Thu 07 Mar 2019

Question: 

When Nikaah takes place in the Masjid, the bride is represented by a representative and there are two witnesses to testify that the bride had consented to her Nikaah being solemnised to the groom. According to the Kitaabs of Fiqh, the witnesses are supposed to be Muslims. Does this apply to the representative of the bride as well? (That he too should be a Muslim) 

Answer? 
28 Witnessing a bride consenting to having her Nikaah performed Thu 07 Mar 2019

Question: 

My granddaughter got married. My son in law
appointed me amd his brother as a witness to the Nikaah of my granddaughter, my
son in law was the wakeel. My problem is that as a witness i couldn't hear my
granddaughters words, i only heard her laughing. I heard my son in law saying
Abdullah (grooms name) and Mehar, 
29 Wife's right of maintenance Thu 07 Mar 2019

Question: 

I have received a
written request from my wife and her family regarding the maintenance amount/s