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:

I left my husband`s house with my two children after I was severely beaten.

I tried to save my marriage for 6 years but my x husband had serious behavioural problems which led him to be violent with even his parents.

I wanted to save my children from being brought up in a violent atmosphere where there was no respect in relations. However I first sought help from family members and requested his parents to get their son treated but they refused. My parents were abroad so I went to them I thought running away was the only solution and somewhere in my heart I also believed that may be if he is genuinely sick he might need me when he becomes insane because he had a strong family history of schezophrenia.

Then I came back after 10 months and he filed a custody case on me without any warning where he alledged that I was not a good Islamic wife to him but still he wanted the kids and myself back he lost the case my family approached his father for an out of court khula but they refused to speak to us out of court. I filed a khula and maintenance case on him. Through out my married life he never provided any maintenance. The Judge granted me Khula after hearing the two of us despite his refusal to give me Khula. I have spent my iddat as per the Islamic law. What I want to know is that Islamically did I get my Khula as the court was not a shariat court but the law of the country grants Khula being an Islam country.

Also I never got my meher as I had waivered it of the only expensive jewellery and posession I had of him I returned.

My other question to you is that I want to bring up my sons Islamically where they learn to respect their father and not hit him as he abused his parents also my xhusband and his family devour interest(riba) both my sons are minors am I justified in fighting for their custody? 

(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:

Is civil divorce valid

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.

Your Question: What I want to know is that Islamically did I get my Khula as the court was not a shariat court but the law of the country grants Khula being an Islam country.

A divorce initiated by the wife and granted by a court of law of an Islamic Country would be deemed as a divorce in the sight of Shariah or Islamic Jurisprudence.

Your Question: My other question to you is that I want to bring up my sons Islamically where they learn to respect their father and not hit him as he abused his parents also my xhusband and his family devour interest(riba) both my sons are minors am I justified in fighting for their custody? 

Dear and Beloved Sister, Shariah law dictates that in the case of divorce between a believing couple, any children resulting from that marriage who are under the age of understanding or puberty will remain in the primary custody of the mother. When the children reach the age of puberty, the father has a right to demand custody (if he wishes to do so) in a Shariah Court whereby the Shariah Judge would ask the children whom they wish to live with, their father or their mother; and whatever choice the children make the Shariah Judge would implement the decision of the children. In all cases, regardless of where the children live, the complete financial responsibility for the upkeep and expenses of the children will be borne by the father.

Thus if your children are below the age of puberty and understanding, you as the mother would hold primary custody until their father moves the Shariah Court to demand custody after the children have attained the age of puberty.

Whatever written of Truth and benefit is only due to Allah’s 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