Questions - Divorce Browse Categories

Sir, if a husband gives conditional divorce to his wife, like for example he says that if you go outside the country without my permission you will be divorced but allows her to leave after a few days, but due to other factors the husband seems to be dissatisfied with the wife and does not come to see her off when she leaves. Now the wife seems to claim that he was not happy with her so the divorce is effective. Is this statement right or wrong?

I want to ask whether just thinking over the divorce words with the intention of trying to remember whether I used them or not anytime makes divorce effective without speaking up the words?

I have a couple of questions regarding divorce. a) Is the use of words "I divorce you" necessary for a divorce to occur, or any other words like "you are free" can also have the same effect. b) I was talking to my wife on phone and to conclude the discussion, I said "Ok so now u are free" (Ab aap aazad hain) "You can do whatever you want to do". It was never in my thoughts that I am divorcing her. But immediately after saying these words to her, I thought may be these words have the affect of divorce? c) Is intention important for divorce or using any of these words without intention can also cause divorce?

I was married to my husband in September and got pregnant immediately after. He thought the baby was someone else's and he accused me of zinaa without any witnesses and kicked me out over a month ago. I moved back home with my parents in a different state. Since then I have had little to no communication with him. He is not supporting me and my unborn child financially. He continuously slanders my name, threatens me and emotionally abuses me. I know that under the Shari'ah law he is obligated to financially support me until I have my child. However, in his mind he is not my husband anymore. He said, "I will exercise my right to divorce" through a text message without witnesses but it was never said to my face. I do not wish to see or speak to him ever again. How would our divorce go if we don’t even have contact with each other? Also, neither one of us has Muslim family and neither one of us has legally changed our names. He goes by an Islamic name which doesn’t have his father's lineage (he got the name from a Muslim woman he calls Ummi that isn’t actually his mother) and his legal last name comes from his mother. Since neither name that he has contains his father's lineage which last name would I give my baby? Would it be haraam for me to give the baby my last name since he's denying that he is the father?

I have a situation with my former spouse. I had two children with her (I was not a Muslim during this period) and now the relationship has ended. I have followed the laws of our society and have received nothing but heartache in attempts to continue my relationship with my children who remain with her. She has destroyed my relationship with my children purposely and I am not involved in their lives and am the by- product of what is termed \"Severe Parental Alenation\". My question is: Under this term, I could take her to court, prove my case of alienation easily, and quite possibly remove my children (age 14 and 12), by verdict of the court which would remove them from the destruction that she has caused. Custody would go with me. I have read that Allah wishes us not to seek revenge and to find another way and to not let anger be our motivator. But saying so, I need to protect my children also, for this is not a "God fearing" women that they reside with. I feel that I have a duty to my children to introduce and allow them to decide for themselves of what I have discovered through Islam and the way of life as a Muslim. If I do not pursue this in a court of law, my children may be lost to me forever. I do not wish to destroy their mother (she would gladly destroy me if possible) in a court of law with exposure to her tactics but I am torn here on a decision. My family are Christians and they will be very upset with me if I do not pursue legal action to reclaim my relationship with my children. As the Bible states "Turn the other cheek", sometimes I believe this to be a mistake. Is this woman (even though she is the mother of my children) considered my enemy in the scope of Islam and do I have a right under Islam to treat her as such to protect my children. Please know also that counciling has been tried already and she has thwarted this effort to gain a relationship with my children also. This is an extremely tough decision for me. I have asked Allah for guidence but I am not sure I understand the response that I received. The response came from a recent news letter that I actually received from Al- Mawrid the very next morning after I prayed the evening before for guidence, Your help would greatly be appreciated.

I am confused about the issue of triple talaq. One of our relatives, in extreme anger, declares two divorces. His son shut his mouth. The next day he again gives talaq in one sitting three times. The man is about seventy years of age and his wife is about sixty five. The man is very sick and is lying on bed all the time. They have five children all of them are married. The couple has many grandsons and granddaughters. Keeping this in perspective please explain whether the divorce is effective. Also please explain the issue of iddah in this senior age. The man and the woman live together with their son in the same house.

I do not find three divorces in the Quran. Quran talks about only two divorces. I find three divorces in the Ahadith but not as the Islamic education but as the cases that came to the Prophet Muhammabd [pbuh] that a person divorced three times. Where did we get this three divorce in Islām? Please take note that I am not talking about three divorces at a time in one sitting.

My son lives in the US. He married a Pakistani American girl in 2009. Both the families elders were at the ceremony. The nikah and other wedding rituals were performed as per the Islamic law. The mahr agreed between me and the bride's father was US Dollars 10,000. Later it was registered in the US court according to their laws. I and my wife are living in Kuwait. Few days back my son talked to her mother that he cannot live with his wife and is thinking to divorce her. (It is important to tell you that bride's whole family is living in USA for the last 25 years. We have our two daughters and a son in the USA. My daughters are studying in a university on student visas and both of them are unmarried. So the problem is none of our family's elder lives in the USA)

As per the US laws both will get half of what they have, and according to the islamic laws my son should pay whole mahr and all the things she brought from her parents. I want to know which way we go either US LAWS OR ISLAMIC LAWS.

Could you give some direction as to the Islamic ritual on a woman after the death of her husband?

A wife is of a pious nature. However, the parents demand from his son to divorce her? Is it necessary to fulfil their demand? Can we also request them not to slander her?