Divorce on phone
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 have two
questions.
Firstly can a
Husband give his wife `talaak` over the phone?
Secondly can the
wife refuse to live with her Husband because her Husband physically &
verbally abused her on a daily basis, over the past 38 years,?
If this lady
decides to move out of her marital home, she does not go to any house, but only
to her son`s house. There is no wrong doing on the mother’s part, if she
decides to live with her son instead of the abusive husband. ?
One little point
is that lady in question is 63 years old & stuck by her husband for 38
years of marriage, no matter what bad habits he had. This lady only decided to
move to her own son`s house when her own health was at risk.
Islam is peace
loving forgiving religion. Thinking about Allah gives you a calm, relaxed &
happy feeling; I speak from a position of actually experience of the presence
of Allah. This has happed twice in my life & just thinking about my
presence in front of Allah, makes me realise that we are humble. We are just a
small component in Allah’s great scheme of things.
I look forward to
receiving a reply, in order to give an Islamic view.
This may enable my
Mother to decide the rights or wrongs of her current position.
(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 on Phone
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:
Firstly can a Husband give his wife `talaak` over the phone?
Yes, it is legal and acceptable for a husband to give divorce to his
wife over the phone.
Your question: Secondly can the wife refuse to live with her Husband because her Husband physically & verbally abused her on a daily basis, over the past 38 years,?
As long as she remains the wife
of the man, she must give all the
rights that are due from a wife to her husband; and simultaneously the husband must give her all the rights that
are due to a wife. If any one of the
parties is not giving their due rights,
they will be held accountable in the Just Court of Allah Subhanah on an
Inevitable Day.
If the husband is physically and
verbally abusing his wife, the wife is
well within her rights to initiate a divorce against such an unjust
husband; and there will be no sin upon
her for doing so.
Your question: If this lady decides to move out of her marital home, she does not go to any house, but only to her son`s house. There is no wrong doing on the mother’s part, if she decides to live with her son instead of the abusive husband. ?
As a mother has every right to
live in her son’s house, and the son
must accept this opportunity to serve his mother as a blessing and a means to
earn a huge reward from Allah Subhanah.
But as a wife, she must give all the rights that are due to
her husband; and it would not be
appropriate that she separates from her husband and denies him his rights. If the husband is abusive and does not
respect and honor his wife as a believer should, then he will be held severely accountable in the Just Court of
Allah Subhanah on an Inevitable Day!
If she wishes to separate from her abusive husband, then it would be best for her to seek a
divorce and then live with her son.
That would be purer and better for her.
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