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I got married 2 years ago then due to some family problems from my wife family they start asking me for divorce but i didnt give divorce to my wife she and her family lived in america and at that time i was living in Pakistan, then she get a lawyer and file the divorce in family court in america well in the mean time i left pakistan and went to uk and start living their but after two month i had heared that she is getting married and send me divorce by a family count of america, now i want to know what i should do now.

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:

Assalam-O-Alikum, I got married 2 years ago then due to some family problems from my wife family they start asking me for divorce but i didnt give divorce to my wife she and her family lived in america and at that time i was living in Pakistan, then she get a lawyer and file the divorce in family court in america well in the mean time i left pakistan and went to uk and start living their but after two month i had heared that she is getting married and send me divorce by a family count of america, now i want to know what i should do now,

 

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Answer:

 

Wife divorce from court

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


 

Beloved brother, if your wife has indeed approached a Shariah Court or a Shairah Judge and the Shariah Judge has declared the divorce, then indeed it will constitute a legal divorce in the Sight of Shariah Law; for a Shariah Judge indeed has the right to hear and accept the divorce petition of a believing woman in Islam.

 

Your Question: ..now i want to know what i should do now,

Beloved brother, if due to the problems that exist in your relationship with your wife, she neither stays with you, nor does she wish to continue her marriage with you, and she is desperate to seek her freedom from the marriage through divorce..it would only be piety and righteousness on your part that you grant her the freedom she so desires and divorce her.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 128-130:

128 If a wife fears cruelty or desertion on her husband's part there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do good and practice self-restraint Allah is well-acquainted with all that ye do.

129 Ye are never able to be fair and just as between women even if it is your ardent desire: but turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding and practice self-restraint Allah is Oft-Forgiving Most Merciful.

130 But if they disagree (and must part) Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise.

 

Beloved brother, if your wife is bent on seeking her freedom through divorce from the marriage, and there is absolutely no way or path to reconciliation.it would indeed be injustice and oppression in the Sight of Allah Subhanah for the husband to deny his wife the divorce and to leave her as if hanging in the air whereby she is neither living like a married woman, nor can she marry someone else! In such a situation it would be best for the husband to fear Allah and grant his wife the freedom she so desperately seeks from their marriage.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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