question about divorce

[esperanza]

assalam alaykum...have a question about divorce

a muslim revert sister marries an arab muslim in europe,,married in registry office and main mosque..so civil and islamic marriage certificate

many years later living in a muslim country ..they are islamically divorced
if she then returns to her home country,what is her position..is she still married as married under british law...

also does she have any rights according to british law or only islamic law...as towars payments and children

 

[Aapa]

Assalaam walaikum,

Sister,

This is not an area for us. If the sister still retains her UK citizenship she needs to contact the British embassy and speak to a counselor there.

The sister may need to contact a divorce lawyer who specializes in international law and divorce. They do not charge for a consultation.

I only know the law in the US..although the judge can grant a woman child support there is no guarantee that the ex-husband will pay. It takes years for law enforcement to catch up. The ex-wife has to be vigilant and in constant pursuit to access any child support. Thus more money is spent in paying the legal system. And even if they catch up the state than gives the woman a share of her child support. Crazy stuff isn't it.

 

[Al Fudhayl]

:salam2:

when she goes back to home country she should speak to lawyer or specialist in British Law who can explain to her how to go about getting the divorce legalized in the Civil court, also she should try to have any documents available proving her divorce, if she doesn't have those documents perhaps she can go to the Mosque in which she married in the first place and explain to them her situation, and they maybe able to help. I'm not from Uk so I really, don't know...

 

[Mojah441]

I am sure, even in his "Islamic" country there is certain requirements to file for divorce otherwise it is not done right. People ususally take part of the 'Islamic' "way" but forget the other part which is to follow your ruler; your local laws.

You could also check with the family court there or attorney there (not an Imam for legal advise). In my experince of countries, local laws require fillings even though most people belive (and most Imams would tell you) they just have to say the words of divorse and that is it. It is not.

 

[islamerica]

assalam alaykum...have a question about divorce

a muslim revert sister marries an arab muslim in europe,,married in registry office and main mosque..so civil and islamic marriage certificate

many years later living in a muslim country ..they are islamically divorced
if she then returns to her home country,what is her position..is she still married as married under british law...

also does she have any rights according to british law or only islamic law...as towars payments and children

Wa'alaikuma s'salaam sister,

I would assume she would be still married under her country's law and she would need to go update that because they have no idea what you are doing islamically, at home or aboard.

If the father and the kids are in the father's home country than I doubt the british law system can do anything. One country does not have a jurisdiction to force it's laws on a citizen of another country sitting in his home country. They most probably will say they can't do anything for her, she would need to seek local lawyer of the country in question and play by their rules.

Note: edited wrong info part out, updated it in later post.

http://www.islamic-sharia.org/children/islamic-perspective-on-child-custody-after-divorce.html

 

[Um Ibrahim]

Wa'alaikuma s'salaam sister,

I would assume she would be still married under her country's law and she would need to go update that because they have no idea what you are doing islamically, at home or aboard.

If the father and the kids are in the father's home country than I doubt the british law system can do anything. One country does not have a jurisdiction to force it's laws on a citizen of another country sitting in his home country. They most probably will say they can't do anything for her, she would need to seek local lawyer of the country in question and play by their rules.

As for Islamic law and rights, if the kids are under the age of 7 then the mother gets the rights to them but if she is going to leave the country then the father can go to court and try to prevent her taking the kids with her. As for payments, there is no such system, that I know of, in the east or islamically. If the child is in your custody then it's your responsibility to raise your child and when the child is in father's custody then it's his responsibility to raise the child. Who goes to her ex asking for money to raise her own child, such concept exists only in the west.

Inshallah, you can read more on this here:
http://www.islamic-sharia.org/children/islamic-perspective-on-child-custody-after-divorce.html

I thought it was always the responsibility of the man to provide for his children whether he is married to the mother or not or if the kids are with him or not. If the woman doesn't work where or who else is she supposed to go to for money? it would have to be the father of the children.

 

[Aapa]

Assalaam walaikum,

No Muslim man can excuse his responsibility. He is responsible for the welfare of the children. Upon divorce he is to make sure she is afforded the life-style she is used to.

 

[islamerica]

I thought it was always the responsibility of the man to provide for his children whether he is married to the mother or not or if the kids are with him or not. If the woman doesn't work where or who else is she supposed to go to for money? it would have to be the father of the children.

Assalaam walaikum,

No Muslim man can excuse his responsibility. He is responsible for the welfare of the children. Upon divorce he is to make sure she is afforded the life-style she is used to.

wa'alaikum as'salaam,

I did some more research on this and I was a bit wrong in some of the things I said, it's been a while since I used this information. Here's what I found about maintenance for ex wife and children....


The revocably divorced woman (i.e., first or second talaaq) is entitled to maintenance during her ‘iddah, and it is not permissible to make her leave the house, because of the words of Allaah (interpretation of the meaning):
“And turn them not out of their (husband’s) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allaah. And whosoever transgresses the set limits of Allaah, then indeed he has wronged himself. You (the one who divorces his wife) know not it may be that Allaah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce)” [al-Talaaq 65:1].

Allaah says (interpretation of the meaning):

“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al‑Muttaqoon (the pious)” [al-Baqarah 2:241]


This maintenance is obligatory in the case of a woman who is divorced before consummation, if she did not have a specified mahr at the time of the marriage contract, because Allaah says (interpretation of the meaning):

“There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good” [al-Baqarah 2:236].

But if the divorce came after consummation, then maintenance is not obligatory according to the majority of fuqaha’, rather it is mustahabb.

http://islamqa.com/en/ref/126281



Maintenance of children is a duty of the father, according to scholarly consensus, whether he remains married to his wife or divorces her, and whether the wife is poor or rich. She is not obliged to spend on the children when their father is still alive.

The woman who has been given a revocable divorce (first or second talaaq) must be given maintenance and accommodation during the ‘iddah, but when her ‘iddah ends, if she is not pregnant, she is not entitled to that.

In the event that custody of the children is given to a divorced woman, then the children’s maintenance must be paid by their father, and a mother who is breast-feeding may request payment for breastfeeding the child.
Maintenance of children includes providing accommodation, food, drink, clothing and education, and everything that they need, on a reasonable basis, depending on the husband’s circumstances, because Allaah says (interpretation of the meaning):

“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him. Allaah puts no burden on any person beyond what He has given him. Allaah will grant after hardship, ease” [al-Talaaq 65:7]

http://islamqa.com/en/ref/89708

 

[Um Ibrahim]

wa'alaikum as'salaam,

I did some more research on this and I was a bit wrong in some of the things I said, it's been a while since I used this information. Here's what I found about maintenance for ex wife and children....


The revocably divorced woman (i.e., first or second talaaq) is entitled to maintenance during her ‘iddah, and it is not permissible to make her leave the house, because of the words of Allaah (interpretation of the meaning):
“And turn them not out of their (husband’s) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allaah. And whosoever transgresses the set limits of Allaah, then indeed he has wronged himself. You (the one who divorces his wife) know not it may be that Allaah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce)” [al-Talaaq 65:1].

Allaah says (interpretation of the meaning):

“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al‑Muttaqoon (the pious)” [al-Baqarah 2:241]


This maintenance is obligatory in the case of a woman who is divorced before consummation, if she did not have a specified mahr at the time of the marriage contract, because Allaah says (interpretation of the meaning):

“There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good” [al-Baqarah 2:236].

But if the divorce came after consummation, then maintenance is not obligatory according to the majority of fuqaha’, rather it is mustahabb.

http://islamqa.com/en/ref/126281



Maintenance of children is a duty of the father, according to scholarly consensus, whether he remains married to his wife or divorces her, and whether the wife is poor or rich. She is not obliged to spend on the children when their father is still alive.

The woman who has been given a revocable divorce (first or second talaaq) must be given maintenance and accommodation during the ‘iddah, but when her ‘iddah ends, if she is not pregnant, she is not entitled to that.

In the event that custody of the children is given to a divorced woman, then the children’s maintenance must be paid by their father, and a mother who is breast-feeding may request payment for breastfeeding the child.
Maintenance of children includes providing accommodation, food, drink, clothing and education, and everything that they need, on a reasonable basis, depending on the husband’s circumstances, because Allaah says (interpretation of the meaning):

“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him. Allaah puts no burden on any person beyond what He has given him. Allaah will grant after hardship, ease” [al-Talaaq 65:7]

http://islamqa.com/en/ref/89708

Thanks sister for clarifying that, the new information sounds more correct.:blackhijab:

 

[islamerica]

Thanks sister for clarifying that, the new information sounds more correct.:blackhijab:

Alhamdulillah, we all are here to learn