Believing in the word of Allah the Quran

Believing in the word of Allah the Quran

Allah Almighty accomplished the religion of truth of peace and His choice by blessing the Ummah with the beloved of all Prophets and last Messengers of Allah, Muhammad (SAW), descending upon Him the true and the greatest book of all time, The Holy Quran to let us guide and knowing Islam and learning quran, as narrated: O’ people! No Prophet would be raised after me and no new Ummah (would be formed) after you.

And,

Verily I have left amongst you that which will never lead you astray; the Book of Allah, which if you hold fast you shall never go astray

Read Quran it is the true word of Allah; Muhammad (SAW) is referring about it. Thus the Quran turns out to be an ultimate way of guidance descended upon all mankind till the Day of Judgment.

And also in Surah e Baqara, Allah Himself glorifies the Holy Quran

Al-Baqara [2:2] this is the book; in it is guidance sure, without doubt, to those who fear Allah.

After this it leaves no room for argument to the guided ones or doubt in hearts and souls of true believers that the book that was reviled on prophet Muhammad (SAW) the holy Quran is the source of guidance for whom who are searching for guidance of Allah and his blessings.

Those of us who believe in greatness of Quran and try to understand and follow the true teachings of God are definitely differentiated from the ones who don’t do so, as narrated in this verse:

Al-Baqara [2:78] and there are among them illiterates, who know not the book, but (see therein their own) desires, and they do nothing but conjecture.

What makes Muslims believe that the Quran

Muslims believe that Prophet Muhammad is not the author of the Quran. God is its Author. The following points bear the fact:

First of all, the Quran itself, at a number of places and in different ways, says that it is from God. One of the claims runs thus: “This is indeed a Quran most honourable, a Book well-guarded…a Revelation from the Lord of the Worlds.” (Quran 56:77-80)

(Here, one ought to know the features of the Quran to understand the claim better. For instance, if the Quran had consisted of a number of books, and each book was made up of a number of chapters, then each of the books had to claim that it was from God in order to render the WHOLE volume as coming from God. But, this is fortunately not so with the Quran. The Quran is just ONE Book made up of 114 chapters. So, if the Quran claims, in any of its chapters, that the Book is from God, then the WHOLE Quran is from God. Yet, the Quran does not make the divine claim only once, but several times in different phrases and in different chapters.)

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He did a marriage contract with a girl without the intention of getting married

 

I married a girl a white marriagE,a marriage for a benifit,.legally,it was a right marriage because we wrote it in the “ADOUL”,with witnesses and with her parents and mine.however,”anniya”was not to marry her truely but only to show that we are married in front of the law.Now after 5 years,we haven’t been treating each other as married people,now we decided not to devorce but to stay as married people..this time we have “anniya”..the question is : DO WE NEED AN OTHER MARRIAGE PAPER OR NOT.?.

Praise be to Allaah.
 

 

There is no such thing as a so-called “white marriage”. Rather when there has been the
proposal and acceptance, then the marriage is real, even if one or both parties to the marriage contract was only joking or playing about. This is
the view of the Hanafis and Hanbalis, and it is the correct view according to the Maalikis, and the more correct view according to the Shaafa’is. 

(See Fath al-Qadeer, 3/199;
al-Mughni, 7/61; Kashshaaf al-Qinaa’, 5/40; Haashiyat al-Dasooqi, 2/221; Bulghat al-Saalik, 2/350; Nahaayat al-Muhtaaj,
6/209; Rawdat al-Taalibeen, 8/54). 

The evidence they quote for that is the words
of the Prophet (peace and blessings of Allaah be upon him): “There are three things which if done in earnest they are valid and if done in
jest they are also valid: marriage (nikaah), divorce (talaaq) and taking back one’s wife (after a first or second talaaq).” 

(Narrated by Abu Dawood, 2194; al-Tirmidhi,
11849; Ibn Maajah, 2039, from the hadeeth of Abu Hurayrah (may Allaah be pleased with him). Classed as hasan by al-Haafiz ibn Hajar in
al-Talkhees al-Habeer, 3/424, and by al-Albaani in Saheeh Sunan al-Tirmidhi, 944). 

Jest refers to when what is meant by the words is something other than what is assumed. This
applies to what you have done, because you made the marriage contract even though you had no intention of being married. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have
mercy on him) said: “A divorce that is pronounced in jest takes effect according to the majority of scholars. By the same token, a marriage done
in jest is also valid, as is stated in the text of the marfoo’ hadeeth. This is what was narrated from the Sahaabah and Taabi’een, and it is also
the view of the majority of scholars.” 

Al-Fataawa al-Fiqhiyyah al-Kubra,
6/63. 

Ibn al-Qayyim said: 

“In a mursal hadeeth narrated by al-Hasan from the Prophet (peace and blessings of Allaah
be upon him) (it says): ‘Whoever does a marriage contract in jest or divorces in jest or frees a slave in jest, that is valid.’” 

‘Umar ibn al-Khattaab (may Allaah be pleased
with him) said: “There are four things which are valid if they are spoken: divorce, freeing a slave, marriage and vows.” 

Ameer al-Mu’mineen ‘Ali (may Allaah be
pleased with him) said: “There are three things in which there should be no joking: divorce, freeing slaves and marriage.” 

Abu’l-Darda’ said: “There are three things in
which joking is like speaking seriously: divorce, freeing slaves and marriage.” 

Ibn Mas’ood said: “With regard to marriage, speaking seriously and joking are the same.” 

From I’laam al-Muwaqqi’een, 3/100 

Based on this, you do not have to renew the
marriage contract; your first contract remains valid. 

And Allaah knows best.

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Islamic ruling on a Shi’a girl who is not being allowed by the appointed official to get married

 

From ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz to Miss F.H.A., may Allaah help her to do that which pleases Him and make things easy for her and guide her aright. Peace be upon you, and the mercy of Allaah and His blessings. I received your letter telling me that you are 23 years old and that you are a Shi’a and a follower of Dawood Bohra, and that the representative of the leader of that group [the Bohra Shi’a] in Kenya is not allowing the official licensed to perform marriages in Mombasa to do your marriage contract, and you want to know the Islamic ruling on that.

Praise be to
Allaah.

There
is no doubt that the people in authority of all groups that claim to
be Muslim are obliged to adhere to the rulings of Islam in all affairs,
and that they should beware of anything that goes against that. It is
known in Islamic sharee’ah that guardians are obliged to arrange the
marriages of girls under their care if someone compatible proposes marriage,
because Allaah says (interpretation of the meaning): 

“And
marry those among you who are single (i.e. a man who has no wife and
the woman who has no husband) and (also marry) the Saalihoon (pious,
fit and capable ones) of your (male) slaves and maid servants (female
slaves). If they be poor, Allaah will enrich them out of His Bounty.
And Allaah is All Sufficent for His creatures’ needs, All Knowing (about
the state of the people).”

[al-Noor
24:32] 

And it was narrated that the Prophet

(peace and blessings of Allaah be upon him) said: “If there comes to
you one with whose religious commitment and character you are pleased,
then marry [your female relative under your care] to him, for if you
do not do that then there will be fitnah (tribulation) on earth and
much mischief.” (Narrated by Imaam al-Tirmdihi and others).

 Based
on that, then if one of your guardians who is related to you arranges
your married to a compatible person, the representative of the Bohra
group has no right to object to that, and the marriage will be valid,
so long as the conditions of marriage are fulfilled. That should be
done through the sharee’ah court in Mombasa so that no objections can
be raised by the representative of the Bohra group. If the marriage
is done in the manner mentioned, then your children will be legitimate
and neither the Bohra group nor anybody else will be able to deny that.
If your relatives refuse to marry you to one who is compatible in order
to please the representative of the Bohra group, then their guardianship
becomes invalid thereby, and the Muslim judge (qaadi) has the right
to do the marriage contract for you with the compatible person who has
proposed marriage to you, because the Prophet 

(peace and blessings of Allaah be upon him) said: “The ruler is the
wali for the one who has no wali.”

 The
qaadi is the deputy of the ruler and takes his place in such matters,
and if the wali (guardian) is refusing to arrange the girl’s marriage,
the ruling on him is the same as if he was not there at all.

 But
we advise you and others in your position to forsake the Bohra madhhab
and other Shi’a madhhabs, because they go against the Islamic way of
Muhammad

(peace and blessings of Allaah be upon him) in many ways. So you have
to leave them and join the madhhab of Ahl al-Sunnah wa’l-Jamaa’ah who
follow that which is dictated by the Qur’aan and Sunnah and the way
of the early generations of this ummah, the Companions of the Messenger

(peace and blessings of Allaah be upon him) and those who follow them
in truth. I ask Allaah to guide this group and other groups which have
gone astray from the right path, and to show them the path of truth.
May He help you and us and all the Muslims to do that which will lead
to salvation and happiness in this world and in the Hereafter, for He
is the One Who is able to do that. Peace be upon you and the mercy and
blessings of Allaah. 

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Marrying without officially registering the marriage

 

Iam living in non muslim country and wanna get married..It is hard and expensive to go to the nearest islamic center here or to the embassy to write the marriage cerytificate..i wanna ask is it ok to write a paper to say that we got married and we care about each other..and also then we can officially get married in our country when we go there…

Praise be to Allaah.
 

 

In order for a marriage to be valid, there
must be agreement from both parties, and the presence of the woman’s wali (guardian) and two Muslim witnesses of good character, and there should
be no impediments in the case of either partner. 

If these conditions are met, and the contract
is done by means of the proposal and acceptance by the wali and the husband, then the marriage is done. See question no.
2127. Recording and documenting the marriage are done only to protect people’s rights and
to avoid disputes. 

Based on this, if you agree to do the
marriage in the manner described above, and on the basis that you will delay the registration and documentation until you go back to your country
or until it becomes easier for you to go to an Islamic center, then there is nothing wrong with that. 

You should announce the marriage, and inform
your neighbours and relatives of it, so that legitimate marriage will be made distinct from illicit relationships. 

It is preferable to hasten to register the
marriage at the first opportunity, and strive to do that so as to ward off any suspicion and so as to protect people’s rights, especially if
Allaah blesses you with children. 

And Allaah knows best.

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What is permissible between husband and wife after the marriage contract has been done

 

If a couple legalizes their marriage in a Shariah court but did not have the wedding party yet, and the fact that their marriage has been made official is known by everyone, are they truly considered married in the eyes of Allah?

Praise be to
Allaah.

If
the marriage contract has been done and all the shar’i conditions have
been met, then they are husband and wife according to the sharee’ah
of the Lord of the Worlds. It is permissible for them to sit together,
talk and be alone together in complete freedom. 

The
Standing Committee for Issuing Fatwas was asked: what is permissible
between a husband and wife after the contract has been done and before
consummation of the marriage. They replied: 

Whatever
is permissible between a husband and a wife with whom the marriage has
been consummated is permissible – such as looking, kissing, being alone
together, travelling with her, intercourse, etc. 

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She stipulated that her husband should quit smoking but he went against that. What should she do?

 

To begin, I state that I embraced Islam about 15 years ago, part of what is so impressive to me is the true revolution to women and their rghts which Islam has made, alhumdo lillah. But regretfully, so many Muslims do not acknowledge nor apply these standards and I have seen many women taken advantage of due to it. So my question is rgarding “Womens Rights”…

my husband & I spoke in detail before deciding to marry, and I made myself clear that I was not interested in a husband who smoked, for a variety of reasons. He was a smoker and stated he had wanted a reason to quit for a long time, and would quit. After about a month of not smoking, I agreed to marry him, the night of our marriage following the ceremony I found out that he was still smoking and had not completely quit. He asked that I be patient because he was still trying… Its 5 years and two kids later. Does a woman have any rights, or means by which she can be recompensed for unfulfilled agreements?

Given the choice I would not be in this situtation which I was deceived to be in.

Praise be to Allaah.
 

 

What the sister did by stipulating the condition that her
husband give up smoking is something good, for which she is to be
commended. 

Smoking is an evil action and is haraam according to
sharee’ah. It goes against the sound nature of man (fitrah) and harms a
person’s health and the health of those around him. He is like the one who
works the bellows: either he will burn your clothes or you will notice a
foul smell coming from him. 

But it is very strange that the sister has put up with her
husband for so long after finding out that he had not stopped smoking. She
has stayed with him for five years, during which she had produced two
children. This is a long time, and it indicates that she accepts or does not
care what he does. It is well known that no one would put up with such a
thing for so long. 

The conditions which a wife stipulates for her husband prior
to marriage give her the choice, if her husband goes against them. If she
wants, she may annul the marriage, and if she wants she may forego those
conditions and stay in the marriage. 

If a woman foregoes her conditions or she knows that her
husband has gone against the conditions of marriage but accepts that, which
indicates that she has foregone these conditions, then she has no right to
annul the marriage after that. 

This is what seems to be the case here: if the sister had put
up with it for a reasonable amount of time, or she had refused to stay in
the marriage as soon as she found out that her husband was still smoking,
then she could have annulled the marriage and taken her rights in full,
until her husband really gave up smoking. 

But she stayed for so long and had two children in the
meantime, so I do not think it is permissible for her to ask for annulment
of the marriage, let alone ask for compensation for her husband not
fulfilling the conditions of the marriage contract. 

The husband has to fear Allaah and he should realize that
what he is doing is a major sin, to which may be added a further sin, namely
not fulfilling the conditions stipulated in the marriage contract. The
conditions of marriage are the most binding of conditions and are the most
important before Allaah, because through them intimacy becomes permissible. 

It was narrated that ‘Uqbah ibn ‘Aamir said: The Messenger of
Allaah (S) said: “The conditions which most deserve to be fulfilled are
those by means of which intimacy becomes permissible to you.” 

Narrated by al-Bukhaari, 2572; Muslim, 1418.

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A man doesn’t want to live with his wife but doesn’t want to divorce her for the sake of the children

 

A man has in the past had some major
problem with his wife. Neither she, nor he want divorce as they have 3 children, yet he
cannot live with her and has left the country. He would like to remarry in the new country
of residence, but is afraid of the condition of equity of time between the two wives and
that he will be called to account for it before Allah. His wife will not willingly
relinquish her rights as she wants him to return to her, nor will she accept a second
marriage… Is it halal for him to tell her that he will retain her as a wife only under
the condition that she relinquish her rights to his time to a second wife? He does not
want to oppress himself nor does he want to oppress her.. what are his options?

Praise be to Allaah.

If he has no interest in his present wife, there is nothing wrong with
divorcing her and marrying another, but if he and she come to an agreement whereby she may
remain his wife for the sake of the children, there is nothing wrong with this either. If
he gives her the choice between divorce and giving up her rights to his time and his
spending on her, in whole or in part, this is not oppression. Oppression is when he keeps
her by force without giving her any of her rights whilst at the same time refusing to give
her a divorce.

The evidence (daleel) that the situation described above is
permissible is to be found in the hadeeth narrated by Imaam al-Bukhaari from
‘Aa’ishah (may Allah be pleased with her), which comments on the aayah
(interpretation of the meaning): “And if a woman fears cruelty or desertion on her
husband’s part…” [al-Nisaa’ 4:128]. She said: “This
was a woman who was married to a man who did not care for her, so he wanted to divorce her
and marry someone else. (According to another report narrated by al-Bukhaari she said: He
was a man who saw something he disliked in his wife, so he wanted to divorce her.) She
said to him: ‘Keep me, do not divorce me. Marry someone else and I will absolve you
of your obligation to spend on me and share your time with me.’ This is what Allaah
referred to when He revealed the aayah (interpretation of the meaning): ‘…
there is no sin on them both if they make terms of peace between themselves; and making
peace is better…’ [al-Nisaa’ 4:128].” (Reported by
al-Bukhaari, 4807)

“This was a woman who was married to a man who did not
care for her” means that he did not love her or want to treat her well or stay with
her. “I will absolve you of your obligation towards me” means: leave me without
divorcing me. Concerning this issue, Allaah revealed the words (interpretation of the
meaning): “And if a woman fears cruelty or desertion on her husband’s
part…” [al-Nisaa’ 4:128]. ‘Ali reported that this was
revealed concerning a woman who is married to a man and does not want to leave him, so
they come to an agreement that he will visit her every three or four days.”

Al-Tirmidhi reported via Sammaak from ‘Ikrimah from Ibn ‘Abbaas
that he said: “Sawdah was afraid that the Messenger of Allaah
(peace and
blessings of Allaah be upon him) would divorce her, so she said: ‘O Messenger of
Allaah, do not divorce me; give my day to ‘Aa’ishah.’ So he did so. Then
this aayah was revealed.” Al-Tirmidhi said: “(This is) hasan ghareeb.”
I say: there is corroborating evidence in a hadeeth from ‘Aa’ishah narrated by
al-Bukhaari and Muslim, without referring to the revelation of the aayah. (From Fath
al-Baari).

The hadeeth mentioned by al-Haafiz ibn Hijr (may Allaah have mercy on him)
is in Sunan al-Tirmidhi, 2966, where it is reported that Ibn ‘Abbaas said:
“Sawdah was afraid that the Prophet
(peace and blessings of Allaah be upon him)
would divorce her, so she said: ‘Do not divorce me. Keep me and give my day to
‘Aa’ishah.’ So he did so, then Allaah revealed the aayah: ‘…
there is no sin on them both if they make terms of peace between themselves; and making
peace is better…’ [al-Nisaa’ 4:128]. So whatever they agreed upon was
permissible.” It is as if the last sentence was the comment of Ibn ‘Abbaas. Abu
‘Iesa said: this is a hasan ghareeb hadeeth.

Al-Mubaarakpoori said, commenting on this hadeeth:

‘Sawdah was afraid…’ This refers to Sawdah bint Zam’ah
ibn Qays al-Qurashiyyah al-‘Aamiriyyah. The Messenger of Allaah
(peace and
blessings of Allaah be upon him) married her in Makkah after Khadeejah had died, and
consummated the marriage there. The scholars agree that he consummated his marriage to her
before he consummated his marriage to ‘Aa’ishah, and she migrated to Madeenah
with him. She died at the end of the khilaafah of ‘Umar ibn al-Khattaab.

‘…was afraid that the Prophet
(peace and blessings of
Allaah be upon him) would divorce her, so she said…’ Al-Bukhaari and Muslim
reported from ‘Aa’ishah that Sawdah bint Zam’ah gave her day to
‘Aa’ishah, so the Prophet
(peace and blessings of Allaah be upon him) used
to give ‘Aa’ishah her own day and that of Sawdah. Al-Haafiz said in al-Fath:
Abu Dawood reported this hadeeth (from ‘Aa’ishah): ‘The Messenger of Allaah

(peace and blessings of Allaah be upon him) never used to prefer any of us over
others in sharing his time (i.e., he was fair in dividing his nights among his wives, and
each one of them had her allotted night). When Sawdah bint Zam’ah grew old and feared
that the Messenger of Allaah
(peace and blessings of Allaah be upon him) might
divorce her, she said: ‘O Messenger of Allaah, my day is for
‘Aa’ishah,’ and he accepted this from her. Then concerning this and similar
cases, the aayah was revealed (interpretation of the meaning): ‘And if a woman fears
cruelty or desertion on her husband’s part…’ [al-Nisaa’ 4:128]. These
reports agree that she feared divorce and so gave her day to ‘Aa’ishah.

Then al-‘Allaamah al-Mubaraakpoori said: The aayah may be explained
thus: ‘If a woman fears’ means if she expects. ‘Cruelty’ means
that he spurns her by refusing to sleep with her or by spending less on her than he
should, because he dislikes her and wants to marry someone more beautiful. ‘Desertion’
means that he turns his face away from her. ‘There is no sin on them both if they
make terms of peace between themselves’ means with regard to the sharing of his
time and his spending on her, i.e., he should still give her something in this regard
(sharing time or spending) in order to preserve the relationship: if she accepts, this is
OK, otherwise the husband must either give her her full rights or divorce her. ‘Making
peace is better’ means better than separation, cruelty and desertion. Whatever
they agree upon between themselves is permissible.

(Tuhfat al-Ahwadi Sharh Jaami’ al-Tirmidhi).

And Allaah knows best, May Allaah bless our Prophet
Muhammad.

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Insinuating thoughts (waswaas) of divorce

 

Salamu Alaikum:

My question pertains to divorce in Islam.

I have been married for a year and early on in my marriage I had strong
and constant thoughts about divorce. The divorce thoughts consisted of my repeating
“I divorce you” on many occasions in my head. I have NEVER repeated these things
out loud and they were only thoughts in my head.

I no longer want to divorce my wife and would like to stay with her. Is it
possible for divorce to be valid just by repeating the thought in your head? Is it haram
for us to stay together?

Please respond as soon as possible as this has been haunting me for the
past year.

Praise be to Allaah.

In cases like this, the divorce is not valid, for two reasons:

It is only in your mind, and has never been expressed either verbally or
in writing.

The divorce of a person who is afflicted with waswaas
(insinuating thoughts from Shaytaan) is not valid because this is something that he has no
control over, and it carries no weight in sharee’ah.

And Allaah is the Source of Strength.

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He swore that if he did something, the first wife he married would be thrice-divorced

 

Assalam-u-alaikum,
A close friend of mine is about to marry and is in difficulty because of a
statement he had made some time ago.  A few years ago when he was single, he swore
that if he does a certain work which he hated, he gives three divorces on his first wife.
He told me that he believes he did that work later on. At that time he was not engaged,
nor did he know for sure who he was going to marry. Now its been a long time and he
intends to marry a women, but isn’t sure if his statement is going to make his marriage
null or not. The brother realizes that he made a foolish statement and wants to know what
to do. Jazakumullaho khair.
Wassalamu alaikum

Praise be to Allaah.

Imaam al-Bukhaari (may Allaah have mercy on him) said in his book al-Jaami’
al-Saheeh:

Chapter: there is no divorce before marriage. Allaah says (interpretation
of the meaning): “O you who believe! When you marry believing women, and then
divorce them before you have sexual intercourse with them, no ‘iddah have you to
count in respect of them. So give them a present, and set them free, i.e., divorce in a
handsome manner.” [al-Ahzaab 33:49]. Ibn ‘Abbaas said: “Allaah made
divorce after marriage.”

Among the evidence that there is no divorce before marriage (nikaah) are
the following reports:

The hadeeth of ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with
him), who said: “The Messenger of Allaah
(peace and blessings of Allaah be upon
him) said: ‘There is no vow for the son of Adam with regard to that which he does not
possess; there is no setting free of (a slave) whom he does not possess; there is no
divorce of (a wife) whom he does not possess.” (Reported by
al-Tirmidhi, who said: a saheeh hasan hadeeth).

The hadeeth of ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with
him), who reported that the Messenger of Allaah
(peace and blessings of Allaah be
upon him) said: “No divorce except of (the wife) whom you possess; no setting free
except of (the slave) whom you possess, and no selling except of (the goods) that you
possess.” (Reported by Abu Dawood; it is a hasan hadeeth).

The hadeeth of Ibn Makhramah from the Prophet
(peace and blessings of
Allaah be upon him), who said, “No divorce before marriage, and no setting free
before taking possession.” (Reported by Ibn Maajah; it is a hasan hadeeth).

Ibn al-Qayyim (may Allaah have mercy on him) said: “Abu ‘Ubayd
reported that ‘Ali (may Allaah be pleased with him) was asked about a man who said,
‘If I marry so-and-so, then she is divorced (straightaway).’ ‘Ali said:
‘There is no divorce except after taking possession.’

It was also reported that ‘Ali said: ‘There is no divorce except
after marriage even if he mentioned (the woman) by name.’

This is the opinion of ‘Aa’ishah, and also of al-Shaafa’i,
Ahmad and Ishaaq and their companions, and of Dawood and his companions, and of the
majority of hadeeth scholars.

Among the evidence to support this opinion is the fact that when a man
says, ‘If I marry so-and-so then she is divorced’, at the time when this
suspended divorce is uttered, the woman is still ajnabiyyah (literally, ‘a
stranger’, not his wife or mahram) to him, and the thing that comes later [i.e.,
marriage] takes precedence over whatever went before [i.e., the vow of divorce]. Nikaah
(marriage) cannot be divorce. Similarly, if he said to a woman to whom he is not married
yet, ‘If you enter the house you will be divorced,’ then she entered the house
after she became his wife, then she is not divorced. There is no dispute (among the
scholars).”

(Zaad al-Ma’aad, 5/217)

And Allaah knows best.

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When a Muslim signs papers divorcing his wife in front of a non-Muslim judge

 

i married a muslem man feb 15,
1997. i was married under islamic law and the laws of the state of virginia. i am
christain.
i told him i wanted a divorce and he said he did not want it but
he would give it to me if i wanted it.
i went to a lawyer and filed for divorce. he signed the waiver
and sent it back to me (he lives in new york) federal express , he said he wanted it done
fast. the paper was witnessed by a notery public.
i held the papers for one week. i called him and asked him if he
wanted me to hold the paper, he said it did not matter.
i sent the paper back to my lawyer and it was sent to court.
the divorce was finalized nov. 2, 1999.
now he says that we are not divorced.
am i divorced from this man by islamic law?
he belongs to the shafghy school. he is suni.

Praise be to Allaah.

We put the following question to Shaykh
Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him:

Has a man agreed to divorce his wife or has he already
divorced her, if what he said was: “I agree to divorce my wife and she is now to be
considered divorced”?

He answered:

This is a divorce, and if she has completed her ‘iddah
(waiting period of three menstrual cycles following divorce) then she is free to marry
someone else. But if they have children together, I advise him to go back to her. He has
the right to take her back so long as he issued just one divorce. And Allaah knows best.

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