Q&A Library for Marriage & Divorce
# | Title | Post date | |
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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 |
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? |
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 |
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? |
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? |
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? |
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 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:
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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:
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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:
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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 With regards to a male 1) is the nikah valid 2) do they have to |
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.
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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:
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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)
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26 | Nikaah over the phone | Wed 06 Mar 2019 |
Question: We explained to our |
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?
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28 | Witnessing a bride consenting to having her Nikaah performed | Thu 07 Mar 2019 |
Question: My granddaughter got married. My son in law |
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 |
30 | Going out during Iddat, Calculating Iddat when not experiencing Haidh | Wed 18 Sep 2019 |
Question: The father of my baby issued one Talaaq raj'i soon after the birth of our baby. (29th March 2019) I |
31 | wife cooking for husband and cleaning the house | Wed 18 Sep 2019 |
Question: I would like to know if it is the wife's responsibly to cook for the husband and clean the house etc, with proof please. |
32 | Wedding Dawat from bride's side | Wed 02 Oct 2019 |
Question: Inshallah my daughter will be getting married soon. I just wanted to know if it is |
33 | Children born of incorrect marriage | Wed 02 Oct 2019 |
Question: If a woman |
34 | Husband signing a letter of divorce | Wed 02 Oct 2019 |
Question: My brother They lived One day my |
35 | Marriage whilst studying | Sat 05 Oct 2019 |
Question: |
36 | Honeymoon | Sat 05 Oct 2019 |
Question: Is
honeymoon allowed in Islaam? |
37 | husband cooking and helping wife in the house | Sat 05 Oct 2019 |
Question: Is there Or maybe |
38 | Civil Court Divorce | Sun 06 Oct 2019 |
Question: Does a civil divorce constitute a shariah talaaq. A detailed answer is required. |
39 | Retraction after giving two Talaaqs | Sun 06 Oct 2019 |
Question: If a person |
40 | Rights of a husband and wife | Mon 07 Oct 2019 |
Question: 1.Does a 2.If a |
41 | Wife leaving without husband's permission and maintenance of such a wife | Tue 29 Oct 2019 |
Question: If the wife leaves the matrimonial home to visit her parent in another country |
42 | three divorces | Sat 23 Nov 2019 |
Question: Husband said to wife these words:
My husband and I had an argument on the 4th of October 2019 around about 9:15 am and he said to me, "Fatimah, this is your first divorce, this is your second divorce, this is your third divorce. Now go."
Is the Nikaah terminated?
Answer:
In the enquired case three divorces are effective. The wife should commence her Iddat immediately.
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43 | Issuing Talaaq using the present tense | Sat 23 Nov 2019 |
Question: A husband he said I'm Is the Answer: |
44 | Maintenance for woman not observing Iddat | Tue 26 Nov 2019 |
Question: If the Answer: |
45 | Talaaq while intoxicated | Tue 26 Nov 2019 |
Question: What is the Answer: |
46 | Delaying Nikaah due to mother's advice | Tue 26 Nov 2019 |
Question: I would |
47 | Do's and dont's of Iddat | Tue 21 Jan 2020 |
Question: I would highly appreciate it if you could please send me the do"s and |
48 | Getting married early against the parent's wishes | Tue 21 Jan 2020 |
Question: Please advise: If the However the |
49 | confusion in istikharah | Tue 21 Jan 2020 |
Question: After doing istikharah i felt an inclination towards the Answer: |
50 | Non-Sayyid marrying a Sayyid | Tue 21 Jan 2020 |
Question: Is it permissible for a non-Sayyid to get married to a Sayyid?
Answer:
If a Sayyad man wants to marry a non Sayyad lady, it will be permissible. If it is the other way round, the consent of her Wali is necessary. (Fataawa Mahmudiyyah Vol. 11 Pg. 618-626)
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST |