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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Rebecca Masterton, Dr Rebecca Masterton graduated with a BA in Japanese Language and Literature; an MA in Comparative East Asian and African Literature and a PhD in Islamic literature of West Africa. She has been... Answered 1 year ago

I am sorry that you are having to go through this at your age. Firstly, you should not have to choose to stay with any parent. Being pressured to stay with one parent or another today constitutes as emotional abuse. If you have a good relationship with your father, then you are not under any obligation to stay with your mother. The fact that she is using religion to threaten you and coerce you into staying with her is disturbing, and implies possibly a history of emotional manipulation. There are now many helpful videos on youtube on how to handle emotional manipulation by parents, such as 'The Cra**y Childhood Fairy' and Jerry Wise. Emotional manipulation can damage a child for life, so you need to learn to make sense of what is happening to you and how you can handle it effectively in a way that maintains your self-protection and healthy mental and emotional growth.

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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 1 year ago

Bismihi ta'ala

If she meets the rights requirements of what Islam wants you to look for in a spouse, and there is compatibility between the two of you, and family members are all ok, you should marry her. 

Yes, she went through a divorce, but it should not make her any less desirable for you to marry. She could have gone through a test in her life, and as long as she carries the religious values and akhlaq you should looking for, then that is very good.

And Allah knows best

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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 1 year ago

Bismihi ta'ala

This will depend on what type of divorce was conducted. If it is raj'i (revocable), and within her 'iddah period, then they are husband and wife again.

And Allah knows best

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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

If the man has willingly forfeited the remaining time of the Mut'ah marriage, then it has ended. If you both want to continue together,you need to recite a new Mut'ah marriage contract with fresh time and Mahr.

If he was not willing to end the Mut'ah and said what he said in anger with out meaning it,the Mut'ah remain valid till the end of the time or deliberate termination of the Mut'ah from him.

'Wassalam.

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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

You are married.
If your husband touched you during your Iddah period, the Talaq is nul and void immediately and you are married to one another as you were before the divorce.

'Wassalam.

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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. Iddah of Talaq is must even if the sexual relation was with contraception. Your Iddah after Talaq will be three menstrual periods.

'Wassalam.

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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 2 years ago

Bismihi ta'ala

The divorce would not be valid if that was the case, and the best thing to do is for you both to refer to a qualified scholar for marriage counselling, and if no solution can be made and there is no hope for reconciliation, then husband can inform the qualified scholar and conduct the divorce in the correct way, meeting all the valid requirements, and give a document for it as well. 

And Allah knows best

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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 2 years ago

Bismihi ta'ala

There is no 'iddah for the wife to observe while "filing" for divorce. She must observe 'iddah only after the Islamic divorce is recited. When the talaq is recited, her 'iddah period will be three menstrual cycles. 

And Allah knows best

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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 2 years ago

Bismihi ta'ala

If she becomes Muslim, her marriage is automatically be nullified, should her husband not convert as well. She will need to observe 'iddah as well.  

Of course, this is a serious decision that she needs to deeply think about, as leaving her husband might not be an easy thing to do.

And Allah knows best

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As a Muslim, you are not allowed to marry or keep real sisters together as your wives, because Allah prevented that in Quran (Sura An-Nisaa' , verse 23.

'You have no choice but to leave one of them immediately but nicely.

Wassalam.

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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

If the husband is totally impotent and unable to penetrate, then his wife has the right to seek divorce through the Haakim Al-Sharee'ah who is the Marji' of Taqleed who gives the husband one year to treat himself. After one year, if husband is still unable to penetrate, then the Marje' of Taqleed issues an order of Faskh which mean nullifying the marriage.

'Wassalam.

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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

Matured man is allowed to marry the female whom he chooses if she is suitable as far as her religion and morals. Man does need permission of his parents in marriage unlike virgin girl who definitely needs permission from her father or paternal grand father.

keeping the respect of the parents is essential.

Wassalam.