Divorce

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.

197107

Husband . Divorce . Apostasy (Irtidad)

My husband has expressed that he believes Islam is fake and he no longer wants a marriage based on Islam. He later recants some of it, but he no longer prays. We are now discussing divorce. What advice can you offer to someone in my circumstance?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 month ago

It is possible that he said what he said because of some misunderstanding and he did not really mean to leave Islam. In such case, he is still a Muslim. If you are sure that he has deliberately left believing in Islam and became a non Muslim, your marriage bond with him finishes as there is no marriage between Muslim woman and non Muslim man. When there is no marriage bond, there is no question nor need for divorce as marriage has already become nil and void. If a husband becomes a non Muslim, his Muslim wife must observe Iddah of Wafat which is four months and ten days. That is after being definitely sure that he has become a non Muslim.

Leaving praying Salah does not make a person non Muslim because it can happen out if carelessness, unless he denies Salah.

Wassalam.

196902

Woman . Khula . Divorce . Marriage

Is it possible for a woman to remarry the same man after obtaining a Khula without having to marry someone else first, as is typically required in a divorce?

She can remarry the same man after she invalidates the Khul’a by talking back what she gave to him,then the Khul’a will turn into usual Talaq and then she can re marry to him. Most people misunderstand the meaning if Khula and think that it a one sided divorce from the wife to her husband. Khul’a in fact is a type of Talaq in which the wife gives an amount to her husband to make agree to divorce her, i.e. she pays him to free her from the bond of marriage. If she takes back what she gave him, the Khul’a will be invalid and the divorce will be a usual one Talaq.

Wassalam.

194646

Battle of the Camel . Divorce . A'ishah bt. Abi Bakr

I heard a scholar claim that Imam Ali divorced Aisha from Prophet Muhammad (s) after the Battle of Jamal. How credible is this information? Could you provide strong and reliable references to support this claim?

Rebecca Masterton, Dr Rebecca Masterton graduated with a BA in Japanese Language and Literature; an MA in Comparative East Asian and African Literature and a PhD in Islamic literature of West Africa. She has been... Answered 2 months ago

The Battle of the Camel took place the moment that Imam 'Ali (as) was voted in as caliph, approximately twenty-five years after the Holy Prophet (s) had passed away, so it would not have been possible for Imam 'Ali (as) to divorce 'A'isha from the Prophet (s).

Year of the Holy Prophet's (s) passing: 11 AH.

Year of the Battle of the Camel: 36 AH

195727

Wife . Time . Divorce

What does Sharia say in Shia Islam if a person divorces his wife for any reason and later both realize they want to reconcile after completing the required waiting period?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 2 months ago

Bismihi ta'āla

They do a new nikah, and remarry.

I would advise that they address their previous issues, so as to not repeat them again.

And Allah knows best

194911

Husband . Divorce . Consummation . Marriage

I married a man 10 years ago. After 6 years, he pronounced divorce thrice in one sitting. During the Iddah, we had no Ruju. Two years later, I did Nikah with another man, but there was no consummation. Is it permissible to remarry my first husband?

Bismihi ta'āla

I am not sure what madhhab you and your husband are, as there are different laws in the Shi'i madhhab regarding divorce.

Please refer to your local scholar for information.

And Allah knows best

194896

Wife . Divorce . Sexual

Is male medical castration permissible if a wife has refused intimacy for a year? I fear divorce and losing my son but feel unloved and lacking in confidence. What are my options?

Bismihi ta'āla

No, it is not permissible.

If wife refuses intimacy, this is haram for her, she become nāshizah, and it is grounds for divorce, if she persists.

Why would you lose your son. Sharing custody, and being civil about it is very important and to the benefit of both sides.

Marriage counselling and mediation is also very important.

And Allah knows best

148102

Sunni . Divorce . Anger . Ahl al-Bayt . Sunni-Shi'a

As a Sunni who has divorced my wife multiple times and struggles with anger management, could you provide references from Ahlul Bayt or specific sayings of Imam Ali regarding three divorces or issues pertaining to actions taken in anger?

Amina Inloes, Amina Inloes is originally from the US and has a PhD in Islamic Studies from the University of Exeter on Shi'a hadith. She is the program leader for the MA Islamic Studies program at the... Answered 6 months ago

You could look at this also (Shaykh Mohammed Ali Ismail, Islamic Anger Management)

https://www.youtube.com/watch?v=A-MsjDsDB_I

Sunni . Divorce . Anger . Ahl al-Bayt . Sunni-Shi'a

Quran is clearly against three Divorces as you read in sura Baqara, verse 229 ( The divorce is twice, after that either you retain her with goodness or release her with kindness).

All Hadeeths from the Prophet (SAWA) and Ahlul Bayt (AS) regarding divorce talk about one Talaq at one time and there is no three Talaq at one time.

One of the conditions of proper Talaq is no anger at all from the husband. Anger invalidates the Talaq. Ameerul Mo'mineen Ali (AS) said: Anger is a type of madness.

Talaq with anger is invalid and your wife is still your wife and not divorced.

Three Divorces at one time are invalid according to authentic evidence from the Prophet (SAWA) and Ahlul Bayt (AS).

Wassalam..

191074

Woman . Sexual . Desire . Sin . Man . Divorce . Masturbation . Marriage

Is it permissible for a 37-year-old divorced woman to occasionally masturbate to avoid sin, particularly in a country where finding a Muslim husband is difficult and considering the hormonal changes affecting her menstrual cycle?

No. Masturbation is a sinful act and we are not allowed to commit it under such excuse. Masturbation itself is itself a sinful act, and it can never be permitted for a Muslim female. There are many things mentioned in Quran and authentic Hadeeth which help avoiding falling in sexual sinful acts like:1. Fasting which helps a lot in controlling sexual urge. 2. Avoiding things which increase sexual urge like photos, films, music and songs.

3. Remembering the pious females who are the best models for us like lady Fatima, lady Mariam, lady Zainab, lady Ummul Baneen and other pious females.

4. Remembering the punishment of the sins and great reward of the piousness in this life and hereafter.

Wassalam.

189784

Husband . Marriage . Polygamy . Divorce

My husband asserts his exclusive love for me but wishes to marry another woman without justification. I disagree with this marriage; does my consent matter? Given my inability to handle the stress of a second marriage, am I allowed to ask for a divorce?

Bismihi ta'ala

Your husband should concentrate his focus on you, and not aim at pursuing his lust. He should focus on building a family with you, and living a prosperous and productive life. You have a right to object, and you also have a right to ask for divorce. That will be your choice and your choice only.

And Allah knows best

190211

Marriage . Divorce . Children . Mother . Brother . Time . Domestic violence . Guilt . Hell

After enduring 20 years in an abusive marriage, that ended in divorce, and raising my children alone, why do I still feel guilty and fear hell, especially when my mother and brother don't accept me and consistently make me feel bad whenever we interact?

I am sorry to hear about your situation.

This is probably due to the psychology of being in an abusive marriage; possibly the abuser always said directly or indirectly that whatever happens is your fault. (Unfortunately, other people in society will also blame the woman, even if the husband is responsible for his choices.)

Also, in life, we internalize an internal judgmental voice (like a "parent") which judges us based on the social norms that we absorb from other people. This inner voice will continue to judge us even if those people are no longer around (and, in this case, it sounds like there are people who may still be actively reinforcing these ideas).

Many Muslim women, especially in our generation and above, internalized a voice that said that being a good Muslim woman means being married and having children, and a woman who gets divorced is bad. This idea is more about social expectations (or wanting the security of a marriage for a daughter) rather than Allah or faith.

However, it is common for Muslim women who grew up around these ideas to deal with guilt after divorce, and it can take time to revise one's ideas about what is genuinely important before Allah and in the next life and offload social expectations that no longer serve us.

Sometimes this is also a way of processing trauma as well.

In all these cases, probably the best way to handle it is through qualified psychological counselling/therapy as well as reflection on what is really important in matters of faith. Sometimes, just identifying the issue is a step forward.

Wishing you the best!

189117

Divorce . Woman . Court . Law . Shi'a . Khula

I was told by someone that the concept of Khul' does not exist in Shi'a Islam. The woman cannot obtain divorce and the divorces of Shi'a women who have gotten Khul' through court, in Islamic states, are invalid. Is this true?

There are many types of Talaq in Islam of Ahlul Bayt (AS) including Khul'i Talaq.but the concept of Khul' is different between the Islamic rules and general public. Many people think that Khul' is divorce enforced with out any consent of approval of the husband. This is not the real meaning of Khul' in Islamic rules. Khul' is a type of divorce when the wife does not like to continue with her husband and offer him any amount to make him give her divorce. When agrees and takes from her what agreed upon for the Talaq, that Talaq is called Khul'i.

If the husband is doing injustice in his wife and not agreeing to divorce her, she can refer her case to the Islamic authority (Marje' of Taqleed) who takes three steps: 1. Ordering the husband to give his wife all her rights with out any injustice. If husband refuse then 2. Order the husband to give divorce to his wife. If refuses again then 3. The Marje' ' himself give Talaq to this woman to release her from injustice.

Wassalam.