Husband divorce wife
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's
Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Dearsir/Madam,
I am33 and my daughter is 5 years,I am living in London as a single parent .I
got married a guy from Pakistan but he was born &brought up in London.
Since I got married in 1996 back home they treated me as a servant.
My husband left me in 1999 and stayed with his family in pak...He came back in
2000 may and I went to see him along with my daughter but he explained me that
he did the nikkah with his first cousin.His brother says he is maried and
divorce u,when I talk to him he says go for khula or accept that I divorce u.
I am aMuslim and read so many books about husband wife relationship.For me
surviving without a man is hard in this world.
I need your help to guide me even i accept his second wife but she and her
family wants me to get the divorce
Since his 2 wife in London he says I divorce u (he & she does not live
together due to nikkah only)
Last time he came on the Miraj shareef and said I will take both f u and both
of u going to stay in Pakistan.
I want to know about Khulla, I am not interestd in money, please do help me
Many Thanks
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Answer:
In the
name of Allah, We praise Him, seek His help and ask for His forgiveness.
Whoever Allah guides none can misguide, and whoever He allows to fall astray,
none can guide them aright. We bear witness that there is no one (no idol, no
person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad(saws) is His
slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness.
Beloved
sister, if your husband has already declared to you the terms ‘I divorce you’,
then it will be considered a legal divorce in Shariah, unless and until he
specifically takes you back as his wife before the ‘iddah’ or waiting period of
divorce is over. He can only say these
terms ‘I divorce you’ two times in his marriage to you, and if he declares the
divorce the third time, then you and your husband will be considered
irrevocably divorced and he cannot take you back as his wife, unless you marry
someone else and your new husband, of his own free will divorces you, or he
dies.
A divorce
initiated by the wife in a
But in
the case you have outlined in your letter, it is your husband who is seeking to
divorce you; thus ‘khula’ is not necessary.
What needs to be determined in this specific case is how many times has
your husband divorced you by declaring the terms ‘I divorce you’; whether he
has said it once, twice or thrice; and how much time has elapsed between his
declaring each divorce and accepting you back as his wife. If you could kindly clarify these conditions
to us, or seek a legal Shariah opinion from a Shariah Judge or an Imam of any
local mosque; as the number of times your husband has divorced you has a
serious implication on the state and condition of your marriage.
If your
husband has divorced you once or twice, and taken you back before the ‘iddah’
or waiting period has expired; then you remain his wife.
If your
husband has divorced you once or twice, and the ‘iddah’ period has passed; then
it will be considered a divorce. The
husband and the wife have a right to remarry, if they wish to do so, with a
brand new nikaah.
But if
your husband has divorced you three times, then it will be considered a final
and irrevocable divorce in Shariah; and there is absolutely no way for the
husband and wife to re-unite unless the wife marries another husband, and the
new husband of his own free will divorces the wife, or dies.
Beloved
and dear Sister in Islam, the above issues must be clarified to understand the
state of your marriage with your husband.
We request you to either clarify your exact situation to us by email, or
seek a legal opinion from the Imam of any mosque or an Islamic Guidance Centre
where you reside, as this may have extremely serious implications regarding the
state of your marriage.
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan