
Even if the wife does not have the right to divorce herself, what will happen if she divorces? 3454964157
Ahle Haq Bangla Media Service•wedding-divorce•
Question
I got married to a girl in 2011 in Kazi office. Both families knew about my relationship with him. My family knew about our wedding at the time of the wedding. I suspect his family knew too, although they do not. I brought my wife to my house on January 21, 2012. Contact his family. They accept me as their daughter's husband, although for a couple of weeks they keep in touch with their daughter. My wife, after arguing with me in September 2013, moved to her father's house. When I asked him to leave a few times, he said, I will come after 2/3 days. But he does not come. It is to be noted here that Mr. Kazi did not tell me anything about Article 16 of the marriage cabin during the marriage. When I got out of the cabin, I saw that Article 16 said I had given my wife permission to divorce. But Mr. Kazi did not tell me anything about this during the marriage. I can't remember now if I knew anything about Article 16 then. On 24th December 2013, my wife divorced me from Kazi office. Talaq-i-Tafwiz. I don't know what it is. I received a "Divorce Notice" on December 29, 2013. Which was done in accordance with the Bangladesh Muslim Family Law of 1971. After receiving the notice, I called Kazi's office and he said, "If both husband and wife leave within 90 days, they will cancel the divorce." When I called my wife, she told me to go to her house with my parents. But I did not go. This is because of the distance between the two families due to some problems on the day of Walima. And I don't think I've done anything wrong to get a divorce. For the next 3 months, I prayed, cried, and performed supererogatory prayers for the return of my wife to the court of Allah Almighty. Because I love my wife so much. I told him to leave, but he kept his word. Then he started communicating with me again from 11th March 2014. He says he will leave as soon as I go to his house with my parents. He also told me that we should go to his house to bring him, so he is divorcing me. Not for any other reason. She loves me too. But I couldn't do it because of family problems. I meet him personally. He says to talk to his parents. But I say I did nothing wrong. Why should I talk? Here I show some stubbornness. Although I'm sure I had no choice but to be angry with him. Even then I called her father, but he did not answer. On the 90th day, he called me and said, "Shabbir, I have annulled the divorce." But he says it orally, not in writing. When I asked the imam of our mosque, he said, "Since your wife divorced you in writing, the divorce took place on the first day according to Islamic law." There is no need to wait another 90 days. ” Hearing this, I called my wife. He says, “No. Never. Mr. Kazi from Kazi office tells me that this divorce can be canceled within 90 days. I divorced you knowing this. Otherwise I would not have given. I have no desire to leave you. Please do something. I love you and want to be with you. " Now Mr. Mufti please tell me what can we do now? We both love each other and want to be together. But we fear God and want to avoid the forbidden. Since my wife did not know the rules of divorce and she was also given wrong information from Kazi office and since she did not intend to divorce me, is there any way to fix it now? In addition, I myself did not know about Article 16. (I don't remember if I knew before marriage, I told the truth.) Mr. Mufti, please help me with your well thought out fatwa. Jazakallahu khairan. God bless you. Ahmed Shabbir Alam. 7756767382
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
وعليكم السلام ورحمة الله وبركاته In fact, the basic problem of the people of the country is ignorance about religion. Any urgent matter, be it religious or secular, should be consulted by a wise scholar. Then these problems do not arise. If you had consulted a scholar at the time of marriage, how to sign the cabin. It would have been much better then. Since the so-called Muslim family law introduced by Ayub Khan has made it a law to divorce in an un-Islamic manner. Therefore, in this case, every Muslim should take refuge in the wise Mufti at the time of marriage and have a clear idea about the issues. Although somewhat irrelevant it may benefit you as well as many others like you, here are some important things about getting married and getting divorced. Sections 18 and 19 must be read when signing the cabin. At the same time it should be written - as a sample - if the wife is physically or mentally abused by the husband, or the husband goes missing, or does not support the wife, and this is attested by the three guardians of the husband's side and the three guardians of the wife's side. One will have the right to divorce. " Writing in this way will give the wife the right to a divorce. Three divorces never. Because granting three divorces is not an Islamic method. And the Prophet (peace and blessings of Allaah be upon him) called giving three divorces together a bidat. However, even if it is not permissible, if three divorces are granted, three divorces fall. For example, even if it is not permissible to kill someone, if he kills, he is killed. For this reason, just as a divorce should not be granted at the time of granting a divorce, it should not be granted at the time of granting rights to a wife. And just as there is no need to divorce more than one, there is no need to give rights to the wife. Because through one divorce the wife is separated from the husband. Then why two or three divorces will be given there unnecessarily? Where a single blow can destroy something, just as multiple blows are an unnecessary and unnecessary act, so where one separation is a separation, giving two or three divorces is also an unnecessary and unnecessary act. So both husband and wife should be careful about this. If the answer to the question is true, then the provision is that the husband, without the husband's knowledge, writes that he has given the wife the right to divorce, and if the husband signs the marriage without knowing it, then the husband will not be considered to have given the wife the right to divorce. In this way, it will be assumed that Kazi has cheated with her husband. The wife does not get the right of divorce by giving the right of divorce. The wife gets the right to divorce by giving the right to the husband. So if Kazi has really written Tafseez of Talaq without your complete knowledge, then basically the wife has not been given the right to divorce. Since the wife did not have the right to divorce herself, it was not permissible for her to divorce herself. That is why your marriage did not break up. Still intact. So there is nothing to worry about. كل كتاب لم يكتبه بخطه ولم يمله بنفسه لا يقع به الطلاق إذا لم يقر أنه كتابه كذا في المحيط (الفتاوى الهندية, كتاب الطلاق, الفصل السادس فى الطلاق بالكتابة -1 / 379, المحيط البرهانى, كتاب الطلاق, الفصل السادس فى ايقاع الطلاق بالكتاب- 4/486, تاتارخانية ، كتاب الطلاق ، الفصل السادس فى ايقاع الطلاق بالكتاب -3 / 380) If signed below, then the husband will be deemed to have given the wife the right to divorce. As such, if the wife later divorces herself, then the divorce falls. So if you have signed after knowing that Qazi has given the right to divorce, then you will be considered to have given the right to divorce the wife. As such, it is also valid for the wife to divorce herself. Is there a divorce now based on what you know and don't know? At the same time, the number of divorces granted in the cabin is also a matter of consideration. If the right of three divorces has been granted, then if the wife has given three divorces to the husband in the divorce certificate, then all the three divorces have fallen. And the two of you have no chance to be together. And if less than three divorces fall, then it is necessary to get married again. And if the husband has given the wife the right to divorce less than three divorces through the cabinet letter, then the wife can get only as many divorces as she has been given the right to divorce. So what is mentioned in the cabin? And what is mentioned in the divorce certificate by the wife? It is not possible to give a clear answer without clearing both these issues. For this reason Usuli replied. In other words, if the Qazi gives the right of divorce to the husband without the knowledge of the husband, then the divorce has not taken place if the wife divorces herself. And if the husband is given the right to divorce knowingly, then as much as the right to divorce has been given. The wife can only divorce so much. In this case, if the right of three divorces is granted, and the wife divorces all three divorces, then the bond between husband and wife is ended. And there is no chance to stay together. And if less than three talaqs have been granted, then even if the wife divorces, the husband will now have to remarry the wife with a new seal. In this case, as many divorces have fallen, only the rest will have a chance. That is, if two divorces have taken place, then the right of one divorce will remain. رجل استكتب من رجل آخر إلى امرأته كتابا بطلاقها وقرأه على الزوج فأخذه وطواه وختم وكتب في عنوانه وبعث به إلى امرأته فأتاها الكتاب وأقر الزوج أنه كتابه فإن الطلاق يقع عليها (الفتاوى الهندية, كتاب الطلاق, الفصل السادس فى الطلاق بالكتابة -1 / 379, رد Al-Muhtar, Book of Divorce, Book in Divorce-4/456, Book of Divorce, Chapter Six in Divorce by Book-4/486, Book of Divorce, Chapter of Divorce in Book-3/380). -آذاكانالطلاقبائنادونالثلاثفلهأنيتزوجهافيالعدة وبعدانقضاءهاوإنكانالطلاقثلاثافيالحرةوثنتينفيالأمةلمتحللهحتىتنكحزوجاغيرهنكاحاصحيحا (الفتاوى الهندية -1 / 472-473) One of the great blessings of Allah Almighty. This kind of relationship should not be ruined by a little anger. Just as the husband has the right over the wife, so the wife has the right over the husband. The girl who gave up her family, her parents and all her belongings to a man should not be abused. And the wife should also take care of her husband's rights. This is because a warning has been uttered in the hadith that Allah is angry with the wife who dies due to her husband's dissatisfaction. Not all people like everything. That is why the Prophet (peace and blessings of Allaah be upon him) said: The Prophet (peace and blessings of Allaah be upon him) said: No believing man should consider a believing woman an enemy. Because, if he dislikes one of his works, he will like his other work. (Sahih Muslim, Hadith Nong-1469, Musnad Ahmad, Hadith No-8363) عن عاللة قالت: قال رسول الله صلى الله عليه وسلم: "إن من أكمل المؤمنين إن من أكمل المؤمنين إن من أكمل المؤمنين إيمانا, أحسنهم خلقا, وألطفهم بأهله According to Ayesha Rat. The Prophet (peace and blessings of Allaah be upon him) said: The most complete believer among the believers is the one who is virtuous and kind to his family. (Sunan Tirmidhi, Hadith No. 2612, Musnad Ahmad, Hadith No. 24204) 5742867885
- والله اعلم باالصواب -
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