
Question
The wife of a person I know married her husband before three months of marriage Unilateral Divorce (Section 8 of the Muslim Family Act, 1961 mutabik, sc Notice of Tarak by Reg: sent to husband and at the time of marriage He leaves with the gold ornaments he gave. Now if the following questions are answered I would benefit.
- Whether wife can divorce husband.
- If the wife divorces her husband unilaterally within three months of marriage, can the wife claim alimony? There was no physical relationship between them.
- Can the husband claim his gold jewelry back from the wife or will he get legal assistance in this case?I would appreciate it if you could kindly reply. 2344178819
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
Answer to No. 1 A woman can divorce herself only if the husband has given her the right to divorce. The wife will have the right to divorce in the same way as the husband gave the wife the right to divorce. If the unconditional right gives a fixed time, then the right to divorce will be given within that time, and if it gives the right for life, then the right to divorce will be given at any time. And if he gives the right with a condition, then if the condition is met, he will get the right to divorce. Note: If the right of divorce is not given for life, in other surahs the wife will have the right to divorce herself whenever she hears about the right of divorce by the husband in that Majlis. Once that majlis is over, you can no longer divorce on the basis of previous rights. وفي رد المحتار- ونيواسه تفويض, وتوكيل, ورسالة والفاظ التفويض 3: تخيير وامر بيد, ومشيئة. (قال لها اختري و امرك بيدك ينوي) تفويض (التفاويض) Because she is a woman, فلا عملان بلا نية (او تلگی نفسك فلها ان تتفرکی فی مجلس علمها به) مشافهة و خبرا (وإن تال) for a day or more, what I didn't know, and the time passed before I knew it. لم تقم) لتبدل المجلسها حقيقة (و) حكما بن (تعمل ايقتهه) مما يدل على الإعراض عنه تمليك فيتفائع على على المجلس لا توكيل, لتبدل المجلسها حقيقة (و) حقما بنا (تعمل ايقتهه) تتلق (بعده) اي المجلس (إلا ثيث زاد) في قوله تلقي تلقي نفسك وكتاب التعلق (متى شهت و متى شهت و ثيده شهت و ثيد هذا شهت) فلا يتقيد بالمجلس (ولم يصح رجزهه) لما مر (رد المحتار-كتاب التفالق, باب تفويض Al-talaq-4/452) Reference books 1. Fatwae Shami-4/551-555 2. Fatwaye Tatarkhania-12/476-477 3. Badayus Sanaye-3/180-181 4. Answer to Fatwae Al Wal Waliziyah-2/91 No. 2 If the wife has obtained the right to divorce from her husband. Then the wife can divorce herself. Accordingly, if the wife divorces herself, then the divorce will be deemed to have been annulled. And after divorce, the wife can claim dowry if the dowry is pre-determined. Full Mohr can be claimed if physical relationship has taken place. And if there is no physical relationship, he can claim half of the dowry. And if the dowry is not fixed beforehand, then one pair of clothes is due to the wife. Also a shirt, vest and pajama. And if the wife waives the dowry, then it will be considered waived. and And if Touch after checking the clock Divorce before marriage, then half of the dowry has to be paid. Of course, if the women forgives or if the marriage bond by which she (i.e., the husband) forgives, it is a separate matter. And if you men forgive, it will be nearer to forgiveness. And don't forget about mutual sympathy. Indeed, whatever you do, Allah sees it very well. (Surat al-Baqarah-237) رُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحسِنِينَ (2:236) Before touching the wives and before any sealing, if divorce Give, but there is no sin in you. But it will cost them something. And for the able according to their ability and for the less able according to their ability. Costs that are prevalent are the responsibility of the righteous. (Surah Baqarah-236) The answer to question 3 actually lies in the answer to the previous two questions. If the wife has accepted the gold ornament as dowry, then if the dowry falls between half of the dowry, then the husband can no longer ask for it. And if you don't read, you can ask. And if the dowry is not predetermined, then this ornament can be taken back by the husband. To ْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحسِنِينَ (2:236) If you divorce your wives before you touch them and before any dowry is established, then even in that There is no sin. But it will cost them something. And for the able according to their ability and for the less able according to their ability. Costs that are prevalent are the responsibility of the righteous. (Surah Baqarah-236) 8324154671
- والله اعلم باالصواب -
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