Divorce
mohammad asif khan
(Querist) 02 July 2012
This query is : Resolved
dear sir,
i have been married to a woman(muslim) in the year 2009 and i left for dubai to continue my job.... after i left my home my wife left her in-laws house by creating a havoc.... blaming of domestic volience and dowry harrashment upon my sister and older mother...... and she started living on her brother house since then she didnot come to my house nor i visit her. every month i am sending Rs.2,000.00 to her bank account as maintenance.... from last 2 years i didnot call her. right now i want to get divorce from her..... tell me the proper way... how can i proceed to embassy in dubai...
mohd asif khan
Adv.R.P.Chugh
(Expert) 02 July 2012
You can serve her a talaq via local clergy at Dubai ... Talaq ul Ahsan is the most approved form of talaq in Islam, in this you have to pronounce talaq to your wife which you shall be doing via post/email - after which would
i) not cohabit with your wife for three menstrual cycles;
ii) and not revoke it within such period.
At the end of such period you are islamically divorced.
Your wife can as a counter blast to this
i) Seek maintenance until the point of her remarriage;
ii) File 498a/406 cases against you.
Nadeem Qureshi
(Expert) 03 July 2012
Dear Asif Khan
if you are a sunni muslim, you can send a talaqnama with iddat period maintenance and Mahr to her through post and pronounce talaq thrice before some witnesses the divorce will be completed.
There are three types of divorce in Islam:
1. Talaaqur Raj’ee (revocable divorce)
2. Talaaqul Baa’in (irrevocable divorce)
3. Talaaqul Mughallazah (permanently irrevocable divorce)
1. Talaaqur Raj’ee
Talaaqur Raj’ee is that type of divorce where the husband divorces his wife in clear and explicit terms. For example, he says “I divorce youâ€, or “You are divorcedâ€. Once the husband utters such words, the wife becomes divorced and she has to sit in Iddah (waiting period). The iddah will be three menstrual cycles if she experiences menses, three months if she does not experience menses or at child birth if she is pregnant. The husband now has the choice of revoking his divorce before the expiry of the Iddah period. The husband may revoke his divorce by verbally expressing his desire to take her back into his nikaah or by having physical contact with her by way of kissing, fondling, touching her with passion or having intercourse with her. If the husband does not revoke the divorce during the Iddah period, the divorce becomes irrevocable. Now, if he wishes to take her back (ie after the Iddah period has lapsed), he can only do so by peforming a new Nikah.
2. Talaaqul Baa’in
Talaaqul Baa’in is an irrevocable divorce where the husband uses ambiguous or vague words to divorce his wife. In other words, he uses such words which could mean divorce or which could also mean something else. For example, the husband tells his wife “Pack your bags and get out†or “You are no more my wife†or “Go to your father’s houseâ€. In all these cases where vague words are used, Talaaqul Baa’in will only take place if the husband has the intention of divorce at the time of uttering these wolds. If he merely uttered these words out of anger or he had some other meaning besides divorce in mind, divorce will not take place. Once the husband has issued one or two Talaaqul Baa’in, the nikaah has been broken and she has to sit in Iddah. If the husband wishes to take back his wife, a new Nikaah will have to be performed.
3. Talaaqul Mughallazah
Talaaqul Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife with three divorces (Talaaqur Raj’ee or Talaaqul Baa’in), their nikaah is completely broken. She cannot marry him until Halaalah has taken place. Halaalah is a process wherin the wife completes her Iddah, thereafter she marries another man and consummates her marriage with him. The second husband then divorces her or passes away. She again has to observe her Iddah from this second marriage. After this, she may again marry her first husband.
Feel free to call
Nadeem Qureshi
(Expert) 03 July 2012
Dear Asif Khan
if you are a sunni muslim, you can send a talaqnama with iddat period maintenance and Mahr to her through post and pronounce talaq thrice before some witnesses the divorce will be completed.
There are three types of divorce in Islam:
1. Talaaqur Raj’ee (revocable divorce)
2. Talaaqul Baa’in (irrevocable divorce)
3. Talaaqul Mughallazah (permanently irrevocable divorce)
1. Talaaqur Raj’ee
Talaaqur Raj’ee is that type of divorce where the husband divorces his wife in clear and explicit terms. For example, he says “I divorce youâ€, or “You are divorcedâ€. Once the husband utters such words, the wife becomes divorced and she has to sit in Iddah (waiting period). The iddah will be three menstrual cycles if she experiences menses, three months if she does not experience menses or at child birth if she is pregnant. The husband now has the choice of revoking his divorce before the expiry of the Iddah period. The husband may revoke his divorce by verbally expressing his desire to take her back into his nikaah or by having physical contact with her by way of kissing, fondling, touching her with passion or having intercourse with her. If the husband does not revoke the divorce during the Iddah period, the divorce becomes irrevocable. Now, if he wishes to take her back (ie after the Iddah period has lapsed), he can only do so by peforming a new Nikah.
2. Talaaqul Baa’in
Talaaqul Baa’in is an irrevocable divorce where the husband uses ambiguous or vague words to divorce his wife. In other words, he uses such words which could mean divorce or which could also mean something else. For example, the husband tells his wife “Pack your bags and get out†or “You are no more my wife†or “Go to your father’s houseâ€. In all these cases where vague words are used, Talaaqul Baa’in will only take place if the husband has the intention of divorce at the time of uttering these wolds. If he merely uttered these words out of anger or he had some other meaning besides divorce in mind, divorce will not take place. Once the husband has issued one or two Talaaqul Baa’in, the nikaah has been broken and she has to sit in Iddah. If the husband wishes to take back his wife, a new Nikaah will have to be performed.
3. Talaaqul Mughallazah
Talaaqul Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife with three divorces (Talaaqur Raj’ee or Talaaqul Baa’in), their nikaah is completely broken. She cannot marry him until Halaalah has taken place. Halaalah is a process wherin the wife completes her Iddah, thereafter she marries another man and consummates her marriage with him. The second husband then divorces her or passes away. She again has to observe her Iddah from this second marriage. After this, she may again marry her first husband.
Feel free to call
Nadeem Qureshi
(Expert) 03 July 2012
Divorce is the most hated permissible thing in the sight of Allah. It dissolves families and deprives children the family atmosphere. The Prophet (peace and blessings be upon him) said: "The most hateful permissible thing (al-Halal) in the sight of Allah is divorce." (Abu Dawud, Hadith 1863, Ibn Majah, Hadith 2008).
The spouses should avoid divorce as much as possible. If they have difficulties and problems, they should be patient and forbearing. They have to try to work out their differences and seek help from their relatives, friends or professional counselors.
Due to the sacredness of the marriage contract, Islam asks both the husband and the wife to keep and respect this bond. Thus, each partner in this sacred relationship must treat the other kindly and properly. A man must not divorce his wife to bring harm upon her, as this constitutes an act that demolishes this noble establishment, breaks the woman’s heart, and possibly separates the woman from her children without any reason. Thus, the separation between a man and his wife (without just reasons) was considered one of the major and grave sins, and one of the most beloved actions of Satan, as was narrated in a number of hadiths. This is, of course, a form of oppression which is totally forbidden in Islam.
In this regard, we recall the Prophet’s hadith that reads: "Iblis (Satan) places his throne upon water, then sends his groups. The closest to him are those who (tempt people to) commit the most grievous of sins (fitnah). One of them would approach him and say: I did such-and-such. Iblis would reply: You have done nothing. Another would approach and say: I did not leave him (a man) until I caused him to leave his wife and for them to be separated. Iblis would bring him close to his throne and would say: How good you are!”
And since the husband must never divorce his wife in order to bring harm upon her without reason, it is also forbidden for a woman to ask for a divorce without a sensible reason. The Prophet (peace and blessings be upon him) said: “Any woman who asks her husband to divorce her without an acceptable reason will never smell the scent of Paradise.”
Given the above, it becomes crystal clear that neither the husband nor the wife has the right to resort to divorce without justification. Divorce should be the last resort after all attempts of reconciliation fail. The Prophet (peace and blessings be upon him) said: “Let a believing man not dislike a believing woman. If something in her is displeasing to him, another trait may be pleasing.”
And Allah Almighty says, ".… And consort with them in kindness, for if you dislike them, it may be that you dislike something in which Allah has placed much good." (An-Nisa'4:19)
A husband should accept reconciliation, particularly when his wife shows her wish for reform and obedience. Allah says:
"... And as for those women on whose part you fear stubbornness, (first) admonish them; then refuse to share their beds; and (finally) beat them (lightly). Then if they return to obedience, seek not against them Means (of annoyance); indeed, Allah is Most High, Great (34) And if you fear breach between the two of them, appoint an arbiter from his family and an arbiter from her family. If they desire to set things aright, Allah will bring about reconciliation between them; indeed, Allah is Knowing, Aware." (An-Nisa' 4: 34-35)
It is to be remembered that each divorce has multiple effects on their ownself (later not getting a good spouse easily, and for woman, not even remarriage at all) but also on children (who get hanged between father and mother). It may be very long or permanent division between two attached families, specially if they have multiple family bindings.
