Can husband give wife divorce?
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:
SALAAM,
I AM A SHIA GIRL GOT MARRIED 4 YEARS
BACK AND HAVE A 2 AND HALF YEAR OLD SON OUT OF THAT MARRIAGE .SIX MONTH BACK MY
HUSBAND TOOK US TO INDIA ON VACATION BUT
HE DUMPED US ON THE WAY ,I WENT TO MY PARENTS HOUSE AND AFTER A MONTH I RECEIVE
A COURRIER WHICH HAD A AFFIDAVIT PAPER MADE BY MY HUSBAND SAYING THAT HE HAD
PRONOUNCE TALAAQ TO ME IN PRESENCE OF TWO WITNESS WHICH IS ABSOLUTELY FASLE AS
I DID NOT SEE AFTER THE DAY HE DUMPED ME AND HE HAD NEVER UTTER THOSE WORDS TO
ME ,ALONG WITH THE PAPER I GOT A CHEQUEOF 1500 AS IDDAT MONEY,NOW THIS KIND OF
TALAAQ IS NOT VALID IN INDIA SO I STILL CARRY HIS NAME AT THE SAME TIME I HAVE
COME BACK TO Q8 WHERE I STAYED WITH MY HUSBAND AND SON AND I WORK HERE AS A
TEACHER AND I GOT BACK MY JOB AS I NEEDED THIS
JOB TO FEED MY CHILD AS I HAVE NO OTHER SOURCEOF
INCOME .IS THIS TALAQ VALID IN
Q8?IF YES DONT U THINK IT IS UNFAIR TO M ,IS A WOMEN TREATED LIKE THIS WHERE 1
FINE DAY SHE IS LEFT BY HER BETTER HALF AND SHE HAS NO SAY?I AM REALLY CONFUSED
WITH ALL THIS.WHAT ABOUT MY CHILD WILL THE FATHER CLAIM HIM ONE FINE DAY,AS I
DO NOT WANT TO GIVE AWAY MY CHILD AT ANY COST AS HE IS THE ONLY SOLE PURPOSE OF
MY EXISTANCE.PLS HELP ME AND SUGGEST ME.
YOUR SISTER
ALLAH HAFIZ
(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:
Can husband give wife divorce?
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 237: But there is no harm if (in the cases where divorce
is given before consummation) the woman agrees to forego the mehr, or the
man, in whose hands is the marriage tie, is generous enough (to pay the
mehr in full). And if you act
generously, it is akin to piety. Do not
forget to show generosity in your dealings with one another, for Allah sees all
that you do.
Dear and beloved sister in Islam, the All-Knowing, All-Wise Lord has bestowed the ties of marriage upon the men in Islam. Thus if the man wishes to divorce his wife at any time of his marriage and utters the words to the effect ‘I divorce you’, or writes a note with the message, or declares it in front of a witness, or declares it in the form of an affadavit, etc.; the divorce will be legally established in the sight of Shariah and Islamic Law.
Allah Subhanah has also permitted the men to revoke the announced divorce, if they wish to do so; but this right of revocable divorce is limited to twice in any one marriage, whereby the husband has a right to revoke the divorce and take his wife back. If the husband announces a divorce for the third time, it will be considered absolutely irrevocable and final, and he is not allowed to marry the woman again unless she marries another person, and the new husband of his own free will divorces her, or dies.
Allah Says in the Holy Quran Chapter
2 Surah Baqarah verses 229-230:
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).
230 So if a husband divorces his wife
(irrevocably) he cannot after that remarry her until after she has married
another husband and he has divorced her.
In that case there is no blame on either of them if they reunite
provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He
makes plain to those who understand.
Thus, my beloved and dear Sister in Islam, if you have
confirmation that it was your husband who indeed declared the divorce in front
of the witnesses, or it was he who sent you the affadavit for divorce,
regardless of whether he pronounced the divorce in front of you or not; the
divorce will be deemed legal and valid in the sight of Shariah and Islamic
Law. It does not matter if this divorce
is accepted or not in a court of law in
IS THIS TALAQ VALID IN Q8? IF
YES DONT U THINK IT IS UNFAIR TO M ,IS A WOMEN TREATED LIKE THIS WHERE 1 FINE
DAY SHE IS LEFT BY HER BETTER HALF AND SHE HAS NO SAY?I AM REALLY CONFUSED WITH
ALL THIS.
Allah has bestowed the responsibility and the ties of marriage in the hands of the believing men in Islam; and if any man abuses this bestowed power unjustly he will be held accountable for his deeds in the Just and Supreme Court of the Majestic Lord on the Day of Judgment; but in legal terms in the life of this world, the divorce announced will be accepted as valid in the sight of Shariah or Islamic Law.
Allah says in the Holy Quran Chapter
33 Surah Ahzaab verse 36: It does not behove a believing man and a believing
woman that when Allah and His Messenger have given their decision in a
matter, they should exercise an option
in that matter of theirs. For whoever
disobeys Allah and His Messenger, has
indeed strayed into manifest error.
Dear and Beloved Sister in Islam, there is absolutely nothing in Islam which is unfair or unjust, for this perfect deen of Islam has been revealed by none other than the All-Knowing, All-Wise Lord of the Worlds! If one misuses or abuses the power bestowed upon him as a trust and a responsibility from the All-Just Creator, he will bear the burden of his abuse and misuse in the Just and Supreme Court of Allah Subhanah on the Day of Judgment.
Your Question: WHAT ABOUT MY
CHILD WILL THE FATHER CLAIM HIM ONE FINE DAY,AS I DO NOT WANT TO GIVE AWAY MY
CHILD AT ANY COST AS HE IS THE ONLY SOLE PURPOSE OF MY EXISTANCE.
Islamic Law prescribes that in cases of divorce the child, whether it be a boy or a girl, will remain in the custody of the mother until they reach the age of understanding or puberty. Once the children reach the age of understanding and the father wishes to claim custody of the children, the Shariah Court Judge will ask the children whom they wish to live with: their mother or their father. Whoever is chosen by the children as their guardian between their mother and their father, the Judge will have the responsibility to enforce the decision made by the children in regards to their custody.
Dear and Beloved Sister in Islam, it is indeed unfortunate that your husband chose to divorce you in the manner he did, for reasons known to him and Allah Subhanah Alone. But since the man has chosen to utilize his bestowed power and right of divorce to divorce you in the manner he did, the divorce will be accepted as legal and valid in the sight of Shariah and Islamic Law. And if the man has abused and misused the power and responsibility laid upon him by his Creator, and divorced you for no valid reason; rest assured that he will indeed be called upon to give a full and severe accounting in the Just and Supreme Court of the Majestic Lord on an Inevitable Day.
Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar
The Prophet (saws) said: ‘Of all
the lawful acts’ the most detestable to Allah is divorce.’
Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib
The Prophet (saws) said: ‘Allah
did not make anything lawful more abominable to Him than divorce.’
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
Wister