Divorce/Marriage - references and rights

[MubarekMuslimah]

Salaams brothers and sisters

I need your help please. I have just recived a call from one of my sisters in Islam a good friend and a recent (about 1 year) revert to Islam who tells me her and her husband have decided to go their seperate ways.

without going into too much details I need please any references from Quran and Sunnah and the correct procedure for divorce and the husband's duties to the wife as mother of their child ( little baby) through the divorce and after. Any references or articles also clearly outlining the husbands and wife's duties to each other and to their child whilst still married would be very useful - anything that covers finance, assets, property and what she is entitled to as a wife and mother and what he must provide and the etiquettes, sunnah, halal and haraam are much needed. I also need references concerning the area of the consequences of sin in marriage in not fulfilling these duties and also when it comes to physical abuse unfortunatly.:astag:

Its a long long story and I won't discuss much further cos of backbiting but this sister is new to islam and needs all the info and support she can get. i fear greatly that she could return to her old life because of the break-up and because her family ( Hindu origin) will be overjoyed at the news of the marriage ending and put pressure on her - I think her iman is strong enough but who knows? only Allah swt and I have a duty towards her and I care about her so I must help her insha'allah - without me, her Islamic friends and circle are very very small if not non-existent.

Please send me all info or advice that you have to help deal with a sister's problems who has not had a good introduction into Islam and help a brother who is in denial of his responsibilities and who clearly is lacking severly in some aspects of Islam (the rights of women, respect, marriage and parenthood)

Her husband is a good friend of mine and my husband's too and we are very shocked at what has come about over past few weeks and we want to do everything in our power to ensure neither brother or sister or baby come into anymore stresses, unhappiness or sin. She is coming to my house tomorrow so if anyone has anything now I can show her tomorrow much appreciated.

Insha'allah if Allah swt does not mean them to be together for their sakes and the baby's sake they will be able to work things out in accordance with Islam:tti_sister:

Jazak'allah khair

Salaams

Layla

 

[Mabsoot]

Assalamu Alaykum,

As for cases such as Physical abuse the woman can get Khula (annulment) of marriage, she does not stay with her husband. Some Scholars have even said it is automatic, because the husband breaks his marriage contract by being abusive.

However, for issues of such important nature it is vital to go to the largest regional Masjid that follows the Quran and the Sunnah, they usually have a proper councelling and legislative body that deals with Divorce issues, there she can speak to an Imam and get the help and advice she needs. They will also give the divorce.

The Prophet said
“The best of you is the one who is best towards his wife, and I am the best of you towards my wives.” (Narrated by al-Tirmidhi)

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Question:
Is it possible for the wife to get a khula even if the husband will not agree to it? Can you mention some reasons ?.

Answer:

Praise be to Allaah.​

I put this question to our Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen, and he answered as follows:​

1. If a woman dislikes her husband’s treatment of her – for example, he is over-strict, hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and rebukes her for the slightest mistake or shortcoming, then she has the right of khula’ [female-instigated divorce].​
2. If she dislikes his physical appearance because of some deformity or ugliness, or because one of his faculties is missing, she has the right of khula’.​
3. If he is lacking in religious commitment – for example, he doesn’t pray, or neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper excuse, or he goes to parties where haraam things are done, such as fornication, drinking alcohol and listening to singing and musical instruments, etc. – she has the right of khula’.​
4. If he deprives of her of her rights of spending on her maintenance, clothing and other essential needs, when he is able to provide these things, then she has the right to ask for khula’.​
5. If he does not give her her conjugal rights and thus keep her chaste because he is impotent (i.e. unable to have intercourse), or because he does not like her, or he prefers someone else, or he is unfair in the division of his time [i.e., among co-wives], then she has the right to ask for khula’.​

And Allaah knows best.

​

Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen

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[MubarekMuslimah]

Salaams Mabsoot

Jazak'allah kahir - do you have any info on what the husband's financial responsibilties towards his child and mother of his child are - AFTER the divorce? I have heard that he must provide some level of finance until the child is 7 years old? anyone else help with this bit please? It is of particular importance.

I will be advising the sister to speak to the Imam at the local mosque too insha'allah but what ever info I can give in the meantime from Quran and Sunnah would be most useful please insha'allah.

Thank you

Salaams

 

[Mabsoot]

Assalamu Alaykum

You Must ask proper person, a Qualified Qaadi (Judge) on these issues. Both Husband and Wife must go see him, and he listens to both sides. Then he gives judgement. You must visit a Sunni Masjid that is following the Quran and the Sunnah. IN UK, London- Regents Park Mosque and Green Lane Mosque in Birmingham. These both are Qualified to settle divorce/marriage issues. Please contact the Islamic Judiciary Board 0121 773 0050. They may be able to direct you to regional offices inshaAllah.

Everyone's case is different, he will tell her about all issues relevant to her.

With Regards Child Custody, normally the child has the choice. Contrary to what some people may say, Babies stay with the mother, older children got choice.

I deleted some other replies, Please do not simply Copy from google searches or Other sites. Not All are reliable, and many give very wrong advice unfortunately.


Wasalam.