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:

Mohtaram Burhan ASSALAMOALAIKUM

Many thanks for your reply which was really illuminating. Now the Question is if the case which is with court and lawyers are exchanging their correspondence based on family laws as prevalent in Arizona and the date for trial is still to be fixed, how can the husband demand the jwellery which is according to the "ISlamic/SHAriat law. Secondly he is also demanding Primary custody and leaving visitation right for Wife. Can we t hen keep the issue of Jwellery pending till the Main dispute about child custody is decided? Thirdly before seperation assets in house{which was on rent} were divided in favour of HUSBAN D Although He was not working and was unemployed for more than three years and also not looking after child, can such a person be allowed to have PRIMARY custody? Fourthly there is issue of spousal support and the Husband is demanding it. Is he Justified? Your guidance will greatly help in this respect.Regards

Wassalam

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Divorce issue, wealth and children custody

Beloved sister in Islam, we can only guide you in light of the Guidance of the Quran and Sunnah; and not how the legal matters and proceedings take place in the ignorant man-made courts of the world!

Q-1: how can the husband demand the jwellery which is according to the "ISlamic/SHAriat law.

If the divorce proceedings are initiated by the man in marriage, he has absolutely no right in Islamic Law and it is haraam for him to ask for anything back which he may have given to his wife in marriage, including jewellery.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20 But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?

21 And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

But if the divorce proceedings are initiated by the woman in the marriage, the man is within his rights in Shariah to demand that his wife return the gifts (including jewellery) which he has given to her during their marriage.

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. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

Q-2: Secondly he is also demanding Primary custody and leaving visitation right for Wife.

The Islamic Law regarding the custody of the children in a divorce is that the primary custody of the children will remain with the mother until the children reach the age of understanding or puberty, and the father will be financially responsible for their upkeep. Once they reach the age of understanding, the Shariah Judge will ask the children to decide whom they prefer to live with, the mother or the father; and the Judge will enforce the will and choice of the children.

Q-3: Can we t hen keep the issue of Jwellery pending till the Main dispute about child custody is decided?

There is absolutely no harm if the man and the woman decide to keep the issue of the Jewellery pending till the main dispute of the custody of the children is decided. This is something between the husband and the wife in a divorce to decide and agree upon, and nothing to do with the Judge.

Q-4: Thirdly before seperation assets in house{which was on rent} were divided in favour of HUSBAN D Although He was not working and was unemployed for more than three years and also not looking after child, can such a person be allowed to have PRIMARY custody?

The ignorant courts of the world may have given the decision to give the primary custody of the children to the father; but the guidance of Allah and His Messenger (saws) is very clear and unambiguous: if the children are below the age of understanding, Shariah demands that the primary custodian of the children will be the mother, and the father will pay for their upkeep. Once the children reach the age of understanding, they will be given the right to choose whom they prefer to live with, and the Islamic Judge will enforce the decision of the children.

Q-5: Fourthly there is issue of spousal support and the Husband is demanding it. Is he Justified?

Allah Subhanah has laid the full financial responsibility in a marriage upon the man. Even if the wife is a multi-millionaire, she is not required to spend one cent on the running of the house; it is the duty of the man to provide for the family according to his means. Under no circumstances will Shariah allow the husband to demand ‘spousal support’ from his wife, no matter how rich the wife is!

Such decisions and judgements, where the husband is given the option or right to demand ‘spousal support’ from his wife can only be found in the ignorant and ungodly societies who claim to be the champions of ‘womens rights’!!! In Islam, the complete financial responsibility is laid upon the man in the marriage.

No matter what the ignorant and ungodly judges of the courts of the world decide; please find comfort in the belief that everyone will be gathered on an Inevitable Day in the Supreme Court of Allah Subhanah, where all wrongs will be put right, and no doer of evil or usurper of rights will be left unpunished! Even if someone is able to get away with evil and wrong in this world, on the Day of Judgement he will have to repay (with his deeds) every cent he has taken without right, and recompense every wrong which he might have gained in this transitory world!!

May Allah Subhanah make your trial easy for you and bless you with a God-fearing and pious husband in the future who will abide by the Laws of Allah and His Messenger (saws), and love and honor you as is the right of every believing woman in Islam.

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