Women divorce rights
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:
Dear Brother,
My husband of 2 years divorced me on a very
weak basis and thereafter indicated that i leave the house after gathering my
things. I was not aware of Iddat at that point and nor was anyone around me.
Even if I was, my husband would have thought that it was my trick just to stay
in the house and get maintenance from him. He wouldn`t have believed that he
was obligated religiously. More over, I was very shocked, humiliated and
depressed as this happened suddenly for me to even consider if he was releasing
me with principle. Right now, I am serving my Iddat at my parents - which is in
fact better for my health and sanity, I think I would have suffered serious
emotional problems in my matrimonial home. At least here I have support and also
my son is given proper attention and care by my whole family. My question is as
follows:
1. My husband issued me one divorce saying
"we are divorced" is that valid since that is his intention?
2. He is only offering financially to our son,
but not to me. I don`t want to say anything about this as this will again make
him think that I am looking for money from him and not that he is obligated to
maintain me during iddat. I feel he is mature enough to have investigated the
right ways of divorcing a woman and it`s not my place to educate him - am I
right in my thinking? and should I ask for my maintenance for the 3 months
after my Iddat is over or not?
3.He divorced me while I was on my period. He
supposedly has close knit families who claim to know Islam, but unforunately,
NONE of them guided him in the right path and to do it the right way.
4. My country`s law divides the property of
the husband with the wife - irrespective of who initiated the divorce. More
will be given to the wife if the husband wanted the divorce. My husband is very
wealthy but personally I have no interest in his money, not even a penny. I
feel it would be completely unislamic to go with the law and accept division.
Am I right? will I not be a God fearing muslim if I do ask for some amount of
money or accept what the court gives me? I would definitely expect him to pay
for my lawyer fees as this was not my decision, will it be alright to ask for
that?
JazakAllah Khair
(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:
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.
Q-1: My husband issued me one divorce saying "we are
divorced" is that valid since that is his intention?
If your husband verbally declared the term of divorce upon
you, then it will be considered a legal and valid divorce in Islam. Because he has declared only one divorce, the
husband has the option to take his wife back before the end of the ‘waiting
period’ or ‘iddah’; and if he does not take his wife back before the expiry of
the ‘iddah’ period, the divorce will be legally established, the husband will
be considered a non-mehram thereafter,
and the woman is free to marry anyone of her choice.
Q-2: He is only
offering financially to our son, but not to me. I don`t want to say anything
about this as this will again make him think that I am looking for money from
him and not that he is obligated to maintain me during iddat. I feel he is
mature enough to have investigated the right ways of divorcing a woman and it`s
not my place to educate him - am I right in my thinking? and should I ask for
my maintenance for the 3 months after my Iddat is over or not?
The husband who has declared divorce on his wife is
obligated by Shariah Law to provide for the full maintenance of his wife until
the expiry of her ‘iddah’ period, and also it is the sole responsibility of the
husband to provide for the full upkeep of their son until the son reaches the
age of puberty and adulthood. These
financial responsibilities are obligatory upon the husband, and he should fear
Allah Subhanah and honor his obligations without the necessity of being
asked.
If the husband does not fulfill his financial
responsibilities in full, the wife is well within her rights to demand that he
do; and also well within her rights to claim the amount through a
The divorced wife is well within her rights to claim
maintenance from her husband for her upkeep during her period of ‘iddah’, and
for the upkeep of their son till the son reaches the age of puberty. If the husband does not fulfill his
obligations in full, there is absolutely no harm or sin upon the wife if she
claims it during or after the iddah period is over.
The wife also has the right to forgive the maintenance
amount, if she wishes to do so and seek her reward and justice in the Just
Court of Allah Subhanah on the Day of Judgment.
This amount is something the husband is obligated by Shariah to pay, and
if for any reason the husband refuses to pay, or there is no Shariah Court
which the wife can move and demand her rights, and even if it seems that the
husband is able to get away with his crime in the life of this world, we assure
you in light of the guidance of the Quran and Sunnah, that no usurper of rights
will get away with his transgression in the All-Just and Majestic Court of the
Lord All-Mighty on the Inevitable Day of Judgment!
Q-3: He divorced me while I was on my period. He
supposedly has close knit families who claim to know Islam, but unforunately,
NONE of them guided him in the right path and to do it the right way.
It is considered against the best guidance of the Quran
and Sunnah to declare a divorce on one’s wife while she is in a state of
menstrual impurity; but if one has indeed declared divorce upon his wife while
she was in her menstrual periods, it will still be counted as a legal divorce
in Shariah.
The husband must seek the forgiveness of Allah Subhanah
for his transgression.
Q-4A. My country`s law divides the property of the husband
with the wife - irrespective of who initiated the divorce. More will be given
to the wife if the husband wanted the divorce. My husband is very wealthy but
personally I have no interest in his money, not even a penny. I feel it would
be completely unislamic to go with the law and accept division. Am I right?
Dear and Beloved Sister in Islam, regardless of what the
man-made pagan law dictates, we as believers are bound to submit to the laws of
Allah and His Messenger (saws). It would
be considered great righteousness in the sight of Allah Subhanah to take and
keep only what is prescribed in the Islamic Law, and return the balance back to
the husband; regardless of what the pagan man-made laws say, and seek your
reward from the One Who is The All-Knowing, All-Powerful.
Regardless of the transgressions of your husband, if you fear
Allah and practice righteousness and remain committed to follow the guidance of
Allah and His Messenger (saws); Allah will be your Protector and Provider in
the life of this world and the Hereafter.
If one were to accept and keep whatever the pagan man-made
laws distribute in excess of what is permitted by Shariah, he/she would be
guilty of keeping something that does not rightfully belong to him/her, and
would be held accountable for the transgression in the Majestic Presence of the
Lord All-Mighty in the Hereafter.
Q-4B: Will I not be a God fearing muslim if I do ask for
some amount of money or accept what the court gives me?
You have a right to demand what rightfully belongs to you. If the pagan courts decide to give you a
lesser amount, it would be the responsibility of the husband to pay the
shortage amount to you, if indeed he fears Allah and the Last Day.
If the pagan courts decide to give you an amount which is
greater than what rightfully belongs to you, then it would be your
responsibility to return the excess amount back to your husband. If one does not fulfill one’s responsibility
in the life of this world, he will definitely have to pay back the excess taken
in the life of the Hereafter!
Q-4C: I would definitely expect him to pay for my lawyer
fees as this was not my decision, will it be alright to ask for that?
You would be well within your rights to demand that your
husband pay the full court and lawyer fees, and any other expenses related to
taking the divorce case to court.
Islam guides that just as two people met and united in the
sacred institution of marriage in peace and mercy, if for any reason the
marriage does not work out and they decide to divorce, they must fear Allah and
separate in peace and mercy. Regardless
of the transgression one of the party who does not fear Allah and the Last Day
wish to bring upon the other, the one who fears Allah and the Last Day must
fulfill all their responsibilities in full and seek their justice and revenge
in the Majestic and Supreme Court of the Lord All-Mighty on the Inevitable Day
of Judgment, where every evil and every transgression will be accounted in
full.
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