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Question ID  1100  -  Divorce
AOA, Maulana sb. Can a wife make small solve able family issues as big reason for her hate to husband and took khula/divorce from an Alim and do her second marriage? If a wife does not give her dowry back or any financial reward to husband so that husband can give her khula/divorce and take khula from court and do her second marriage, would her khula be valid in such a case and her second marriage on the basis of this khula?
 
Answer:-  1. Husband and wife should tolerate each other as much as possible and try
to avoid hurting each other in any way.
2. Khula is a type of Talaq in Islam in which the wife pays or gives the
husband some material to get his agreement to divorce her. No Khula is
valid with out the acceptance of the husband.
3. If the Khula is not valid, there is no question of second marriage for
the wife. It will be not valid at all.
Wassalam.
Mohammad al-Musawi

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Question ID  956  -  Divorce
agr husband pa kisi na kala jado kia ho aur bohat sa qari aur ullama na confirm kia ho k ya jado hai k husband wife ko talaq da day aur usay ghar sa nikal day.kia wo talaq jaiz ho g jb tak jado k ilaj nai ho jata.
 
Answer:-  Talaq is invalid if it was said by the husband in state of anger , or when
he was out if his senses, or under pressure or if it was said with out two
pious witnesses or if the wife was in her menses or in a period of purity
but had sexual intercourse with her husband.
Wassalam"
Mohammad al-Musawi


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Question ID  934  -  Divorce
Assalamualaikum. I am 34 years old and remarried, with three children, previously we were hanafi's. when i was 21 i was forced and emotionally blackmailed into marrying my cousin in Pakistan who was approx 2 years older than me. (this was a sunni marriage, as i was a sunni then) however we argued every other day and in the end i divorced her after one year. i had a child with her too who is about 12 years old now. Anyway we broke off and never contacted each other again after the divorce, it was triple talaq's done the sunni way, (which i now know was the wrong way of doing it) i still have the nikah nama from that marriage and later found out that when i was signing the nikah nama there were no demands of hers on there. but when i was married and back in the UK, i found that they had written three things on there that we had no knnowledge of, no 1- that if i divorce her i would be liable to pay her a sum. no 2- i would pay her a set amount every month. no 3- 18 tola gold is hers. i felt that they not only tricked me but they bargained their daughter to me. this infuriated me further to the fact that i did not want to get married to her as on previous occasions i had heard that she was very rude to her parents, and i did not like that. I did write to Ayatullah Sistani about 6 months ago and he replied by saying that "no burden is on me, however it would be good to raise the child to follow the ahlulbayt way" i have no contact with them and we parted in a very bad manner. i read a previous post on your website that the divorce of tripple talaq is not valid. is this correct? does this mean that i am still married to her even though i have remarried? please help this is a very big dilemma for me. Assalamualaikum
 
Answer:-  The Triple Talaq is invalid for the followers of Ahlul Bayt (AS), but it
valid for those who believe in it who are most of the Sunni sects. Your
Triple Talaq took place when you were a Sunni, so, it is valid.
Wassalam.
Mohammad al-Musawi

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Question ID  563  -  Divorce
Asslamoalaikum wa rehmatullah, My name is Qasim Hussain Malik, S/O, Malik Mohammad Ishaq. I am a Pakistani and working in the State of Kuwait since 1998. I would like to seek your guidance in the regard of divorce as I did a sever Mistake and Sin, I got married on 11-03-2010 and on date 05 April 2010 I came back to the state of Kuwait where I am working. She got pregnant but after that some clashes happened between my wife and my family and she went to his father's home. upon this I got angry and when she did not returned back on my several instructions and calling on phone from Kuwait to her which lead to more quarrels and in the same state of anger one day I told her that I am giving you divorce (this was 1st time) and I told her that if she continued the same after the certain period I must give the 2nd one, later on she told me that when I come back to Pakistan she would come to me and live with me and my family according to my wish and for the time being I should let her stay in her father's house then on 29-12-2010 she gave birth of my son. Due to some job problems I could not go on the same time and in the month of August 2011 I went to Pakistan and I told her to fulfill her promise but when she came to my house again she did a serious mistake which I did not like and a huge quarrel took place, some of my family members and some neighbors came and they provoke me to divorce her, I again came in a flaming condition and told like this" yes talaq is given" and in my mind I considered this as 2nd. then after 2 weeks on provoking of people from my family and in the condition of anger I went to district court and took one Stamp Paper and mentioned 3 Talaqs on paper and sent to her through mail but did not pronounce before her which she told me later that she were in the state of periods (menses). Then I came back in Kuwait and now my son is also 2+ years and with time passage I recognized that a part from all her mistakes and disobeying I did extremely wrong to her and my son also. Later I got some information that some of our family members also did MAGIC on me and my wife or my mother to get separated and to not live together with peace and under that circumstances I went wrong and did all this. Now seeing the above, I would humbly ask that if in a Magic condition some decision is taken then how one can justify and find it as correct because there is no any authenticity to prove it, and if it is proven then the decision is made is valid or no? furthermore the I gave Talaq is a valid way according to the Shariya? Now me and my wife want to compromise for our sake and for our son also. I need your guidance in this regard to not happened anything irreligious and against the Shariya. Thanking you and Jazak Allah. Qasim Hussain Malik 0096566417253
 
Answer:-  None of the three Talaqs which you think that you gave is valid, because
Talaq in Islam has many conditions including being away from anger and it
must be witnessed by two pious men.
Your wife is still your wife as no valid Talaq was declared at all.
This is according to the authentic evidences from the Prophet (SAWA) and
his Ahlul Bayt (AS).
WAssalam.
Mohammad al-Musawi



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Question ID  521  -  Divorce
Salams, my question is about my marriage. I'm unsure if I'm still married. She denounced islam she only knows Islam from me she only accepted Islam believing that was the only way to get me. Now we have 2 children 7 years...I left the home to prevent violence she moved on slept with another man now she feels we are still married But I don't know I have also been in a mutah she is claiming to work on her islam to save the marriage But not herself what do I do?
 
Answer:-  If she says that she is a Muslim, your marriage is still valid. If she says that she is not Muslim but considering to be a Muslim or studying Islam, then your marriage is not valid. If she becomes a Muslim, and you want to live together as husband and wife, you need to have a new marriage agreement Aqd of Zawaaj.
Wassalam.
Mohammad al-Musawi
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