Divorce

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.

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Divorce

Is it necessary to have two just witnesses for the divorce to be valid even if the other conditions are met?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 2 years ago

Yes. Talaq is invalid if it was not been witnessed by two pious men even if all other conditions of Talaq have been met.

Wassalam.

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Divorce . Scholars . Sunni-Shi'a

Is divorce with indirect expressions, known as Kinayah divorce, considered valid according to Shia scholars?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 3 years ago

Bismihi ta'ala

No, it is not valid. The expression of "talaq" must explicitly be used, and in correct Arabic as well, and no other words or expressions substitutes it. This is according to Shi'i fiqh.

The "kinayah" divorce in Sunni fiqh could be valid, and it is said there are over fifty five expressions, like saying wife is "ba`in, bari`ah, haram, khaliyah, etc.". However, for us this is unacceptable and invalid.

And Allah knows best.

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Divorce . Husband . Wife . Law . Marriage

Does giving a British divorce by a husband, who has no intention to break up, nullify the Nikah when the sole reason for giving it is to bring a second wife to the UK, which is otherwise not allowed by UK law unless a divorce is given to the first wife?

Bismihi ta'ala

No, a civil divorce does not take the place of a shar'i divorce.

What this husband must do is find out if his violation of law of the land is sinful and haram.

But nonetheless, it will not affect the shar'i legitimacy of the marriage, and they would still be husband and wife from a shar'i perspective.

And Allah knows best.

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Man . Woman . Divorce . Marriage

If a married man and a married woman start to like each other, is it permissible for them to divorce their current spouses and marry each other?

Married man and married woman are not allowed to do any thing or speak any word which can initiate an intimate feeling between them. Divorce is the most disliked allowed act by Allah. Married woman must protect herself from anything which can lead her to Haraam. Married man must also be careful that anything or word with a married woman is very dangerous and can lead to hellfire.

Wassalam.

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Wife . Anxiety . Depression . Divorce . Love . Du'a (Supplication)

My wife is suffering from anxiety and depression, and because of this she wants divorce. I love her and do not wish that happens. Is there any Dua which I can recite on her behalf so that she may get out of this state?

1, Try to avoid any act or talk which instigates her anxiety or annoys her. You are her husband and supposed to be the closest human being to her so you should try your best to make her feel happy as much as you can.

2. If she has close persons like her mother, sisters, friend etc who might be able to talk to her to leave the idea of divorce, it should good to request them to do that.

3. If she feels that she needs counseling, try to help arranging good and constructive counseling to make her leave the idea of divorce by explains to her the negative side of divorce.

4. Recite Quranic supplications like RABBANA HABLANA MIN AZWAAJINA WA THURRUYATINA QURRATA A'YUN.

5. Repeat seeking help from Allah by praying :YA GHAFOURU YA WADOUD as many times as you want.

Wassalam.

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Divorce . Sunni-Shi'a

What does the concept of triple divorce mean and do Sunnis and Shias have different rules when it comes to divorce?

Bismihi ta'ala

This topic has been addressed before, but very briefly, triple divorce means a husband uttering the divorce word ṭāliq three times, and the wife be irrevocably divorced.

The issue here is that in Islam, if a husband divorces a wife once, he can get back with her, and if it's a revocable (raj'i) divorce, he can do so during her 'iddah period. They can also get back together and remarry if divorce happens a second time, or after the 'iddah period.

However, on a third time, the husband cannot marry her again until she marries another man, and they consummates that marriage. Should the previous husband want her, she would then have to divorce this husband, observe 'iddah, and then remarry the previous husband.

This can be done only 3 times,which means on the ninth time, they can never marry again.

In some cultures, there are men who are employed to marry the divorced woman, consumate the marriage, and then divorce her so she can go back to her previous husband. They are called a muhallil (one who makes lawful".

In Shi'ah fiqh, this is all invalid and completely rejected.

In some Sunni circles, a triple divorce is invalid, and some are trying to reform this law.

In Shi'ah fiqh, there is no such thing as a triple divorce, and it will only be a single divorce, and that will only occur if all the conditions are met, and they are:

1. Wife is to have gone through a menstrual cycle, and not have been intimate with husband since ending of cycle. This means that husband must wait until wife has a menstrual cycle, finishes from it, and then he can divorce. Husband cannot divorce wife if she is in purity and he has been intimate with her.

2. It is done in front of a minimum of two just, righteous, pious, God-revering men.

3. The formula of the wording be done in formal Arabic, with correct pronunciation.

4. This is done willingly, by choice, and not forced or without intention.

Should these conditions be observed, the divorce with occur, but only once.

And Allah knows best.

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Fajr . Adhan . Divorce . Tarawih . Imam Ali b. Abi Talib . `Umar b. al-Khattab

Why was Maula Ali (as) not able to correct during his rule the changes in Fajr Adhan, divorce rules, and Taraweeh that were introduced by caliph 'Umar?

Imam Ali (AS) has removed the deviations which were created by the previous three rulers of Saqeefah as he clearly declared that they have deliberately changed the Sunnah of the Prophet (SAWA). He removed the discrimination between Arabs againt non Arab Muslims and between Quraish tribe against other tribes etc.

Imam Ali (AS) suffered a lot from the hypocrites and Quraish tribe who were against him and against his reforms. They took the name of Umar as a slogan against Imam Ali (AS). They asked him in the month of Ramadan to appoint for them a person to lead Taraweeh. He clearly said that it is a Bid'ah away from the Sunnah of the Prophet. They insisted and gathered in the Masjid of Kufa. He sent his son Imam Al-Hasan (AS) to stop them from Taraweeh, but they shouted loudly ( WA SUNNATA UMARAAH)(Where is the Sunnah of Umar?). It reached to a critical point of civil disorder among Muslim society. Imam Ali (AS) had no choice but to leave them to do what they want to save the Muslims from turmoil. You can find details in Sunni books like Sharh Al-Nahj by Ibn Abi Al-Hadeed , V. 12, P. 283 and Tareekh Al-Tabari V.4, From page 281 onward.

Shia books like Wasaa'il Al-Shia , V.5 P. 193 has also mentioned some details of this matter.

Wassalam.

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Marriage . Divorce

Can I marry a divorced girl without the presence of a Wali?

Seyed Ali Shobayri, Seyed Ali Shobayri is of mixed Iranian and Scottish descent who found the path of the Ahlul Bayt (a) by his own research. He holds a BA in Islamic Studies from Middlesex University through the... Answered 3 years ago

Bismillah,

Asalamu Alaykom,

A non-virgin woman who is divorced doesn't need a wali's permission to marry again but may do so out of respect.

May Allah grant you success

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Wife . Parents . Divorce

Is it allowed for the wife's parents to ask for divorce without any Islamic reason? What can I do to convince them otherwise?

Wife's parents have no right to ask for divorce of their daughter with out real Islamic reason. You and your wife should co-operate to convince them not to break your family or you can seek help from respected persons known to them to speak to them,

Main thing is to sort things between you and your wife between you and her with out interference from any one else.

Wassalam,

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Man . Divorce . Wife

Is it permissible for a man to divorce his wife based on the reason that he has no intention of loving her and keeping her happy?

Divorce is the most disliked permissible act in Islam. It should be avoided as much as possible that is why Islam has kept many conditions for a valid Talaq which are not so easy.

Divorce should not be declared by the husband with out a proven fault or confirmed failure from the wife where she is unable or not willing to repair.

Divorce should not be a weapon against innocent wife, otherwise it can be an act of injustice against her.

Wassalam.

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Husband . Divorce . Sunni-Shi'a

Should a woman get divorced from her Sunni husband when she comes to know after her marriage that the Shia sect is the right one to follow?

Divorce is not the way in such cases but to try to explain to him the facts which you discovered about the Real Islam, so that he may realize as well. If he refuses the evidence and insists on that, you can continue with him as far as he does not obstacle or disturb your religious freedom or practice.

I advise you to keep on explaining and giving him useful information which can help him to know what he does not.

Wassalam.

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Husband . Divorce . Marriage . Woman

My husband is seeking out a new relationship with another female. I am not okay with it but he is not stopping. Can I divorce him or do I have to just accept it?

Bismihi ta'ala

If your husband pursues extra-marital affairs, either in the halal way (mut'ah or seeking a second wife), then you have the choice of either staying with him, or getting divorced from him.

Of course, such issues must be directly addressed, and his and your family be involved as well.

Your husband might be going through a phase, and needs a wakeup call for him to return back and focus on his marriage. If so, forgive him, and try to strengthen the relationship.

However, if after intervention he still pursues the new relationship, then you decide what you wish to do. To divorce him, or continue to live with him. Just know that you are not obliged to live under such circumstances.

Also, this short clip could be of benefit as well:

Divorce

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