
With the complete ignorance of the husband, Kazi writes that he has given the wife the right to divorce, but what is the provision? 2439429941
Ahle Haq Bangla Media Service•wedding-divorce•
Question
On August 8, 2012, I got married to my own cousin according to Islamic Sharia. Note: Before we get married, we inform both families, through our own in-laws, that we both want to be married to each other, since we know and understand each other very well from childhood. But despite my family's willingness and sincerity in this regard, my cousin, the present wife's family has shown reluctance and disinterest in this matter. So that both of us (my wife and I) are a little shocked and come to the conclusion that we are going to marry each other voluntarily, on our own initiative. Since my own family has already responded positively to this. We both got married on that day by calling Qazi at the house of our distant cousin. After 6 months of marriage, on 19th March 2013, I took my wife to my family. And because of having my own brother's daughter as daughter-in-law, my parents accepted both of us with great joy. To make this marriage a family affair, my father went to his brother (my father-in-law) and asked for advice. But sadly, despite my own aunts and uncles, they did not accept our marriage as normal, since I was unemployed then. They cut off all contact with my family and their own daughter (my wife). In this situation, we both live in our own home, with my parents. In the meantime, my mother-in-law (aunty) often calls my wife along with their other relatives, trying to convince them that if she breaks off all relations with me, she will accept my wife as her daughter. But note that my father-in-law (uncle) was not aware of his wife's (my mother-in-law's) vile mischief, and he was a simple-minded man. In this way for 3 months my wife and I run the family with my parents. During these three months, my wife became emotionally drained, as her parents had no contact with her. And the most notable thing is that due to my lack of proper knowledge of Deen-Islam, I also used to quarrel with him on various minor issues at different times. My wife was devastated when she did not receive any sincere response from her parents. That's why he often used to get into trouble with me about trivial family problems. And since I didn't understand Deen's signature, I used to treat him a little harshly. She often cried remembering her parents. I tried my best to comfort him, but seeing him always look sad and dirty, I was very angry with my aunts (mother-in-law and mother-in-law) and used to taunt them, even though I was their nephew. Couldn't accept as daughter's son-in-law. During this time, on 22nd June 2013, I had a heated argument with my wife. And in the head of anger he made me some bad remarks, I could not control my anger and slapped him. And when he told me to get out of the house in response to this slap, I told him to get out of the house, I was so blinded by the anger that when my wife left the house, I did not try to stop her at all. And because of this negligence of mine, the great Allah-Rabbul-Alamin is punishing me mentally till today. The other day, my wife left home and took refuge in the house of one of her mother's friends. And he begged her not to tell his mother (my mother-in-law) anything about it. On the other hand, when my wife found out that my wife had left my house, she came to my house and threatened to send me to jail. Then he went to the police station near me, killed his daughter and disappeared. The next day, he received word from his girlfriend that his daughter (my wife) was staying there. And he secretly went to my wife without informing my father-in-law, my brother-in-law, about it, and gave her the condition that he would forgive her and take her home if he granted me a 'divorce'. My wife, at first, tried to persuade her mother to accept the offer. But because of her mother's (my mother-in-law's) various pleas and the mental torture of keeping her there and then having her boundless anger and resentment towards me, she obeyed her mother. Then, to thwart her plot, my mother-in-law took my wife to court on June 26, 2013. According to the state's ignorant law, women now divorce their husbands in their own power, known as 'notary public'. Through that 'notary public', without any specific Sharia-based divorce decree, he sent it to me with my wife's signature on stamp paper in accordance with the so-called Muslim Family Law 1971 Ordinance. Where I have no role as a husband to enforce divorce !!! Which, of course, made the video an overnight sensation. God knows best. I sent you a photocopy of the divorce certificate, attached to this letter of mine. ## What is particularly noteworthy here is that, as far as I know from my own small knowledge, Islam has provided for women the three types of divorce - khula, mubarat, and tafuiz. 1. 'Khula' is divorce by giving something to the husband at the suggestion of the wife. It can also be done by returning the mohrana or waiving it. 2. ‘Mubarat’ is the divorce with the consent of both husband and wife. Through which the husband divorces the wife. And 3. ‘Tafweez’ is the granting of the power of divorce by the husband to the wife. I know that the power to divorce a wife is given in the marriage registry of our country only through this ‘tafwiz’. If the husband ticks this place in the cabin during the marriage, then the wife can divorce him with this power. Our country's "Muslim Family Law Act of 1981 adds to this." But despite my objections to this power, the Qazi who registered my marriage, against my will, unknowingly ticked the place. About a month after the marriage, when I received my cabinet letter and saw such fraud there, I met Mr. Kazi and got involved in an argument. But it did not help. In consultation with a lawyer who kept the case, I filed a case against my mother-in-law two days after the receipt of the paper, under the 'Muslim Family Law' section. My wife had no contact or mobile contact with me for 3 consecutive months after she left my house. Because I didn't know where or with whom he was staying. But I was convinced that he must be in the custody of his parents. But I was not aware then that my uncle (father-in-law) still did not know where his daughter was and my mother-in-law kept her hidden. After 3 months like this, my wife somehow secretly collected mobile and contacted me. But then he started treating me disrespectfully as he did not have the correct understanding of Deen-Islam. Because he was brainwashed from his family in such a way that after his disappearance I did not make any effort to find him or take action against this divorce. But after keeping secret contact with me for some time, she too was able to realize her mistake and she felt remorse that she had violated her husband's rights. And in the midst of this long separation, mingling with some people of Islamic thought, I feel the emptiness of my own inner religion. And in the Tabligh-Jamaat, after spending a little time in the path of Allah, with the infinite grace of Allah-tala, even a little understanding of religion began to come into me. And because of the regular 2 month mobile contact with me, I also started inviting him (my wife) on various matters of religion. The pleasure of Allah, the contentment of the husband, the rights of the woman in Islam and the veil, all these things made her fear of Allah very deep in my wife's heart. And five and a half months after our separation, at the end of this December, he (my wife) suddenly dared to leave his father's house and come back to my house crying. And he went to court with me the very next day and signed the notary public's stamp affidavit informing me that the earlier divorce had been granted by mental torture against his will. And he has come back to me, and is willing to marry me. Moreover, all the allegations against me mentioned in the previous divorce decree were baseless and false. By this process, according to the state and ignorant constitutional law, there is no obstacle for me to have a family with him. But since the fear of God and the state of obedience to the provisions of the Shari'ah have finally created in me, I would like to sincerely accept the written fatwa from the Lord to this effect, so that I may please Allah alone. I can manage life. And as a result of some kind of mistake, my marriage is a normal right, so that it does not turn into adultery. I'm emotionally troubled by this. My questions to Hazrat are: Did my marriage with my wife last at all? Or is 'a divorce' pronounced on him? (Note: He (my wife) did not know or know anything about the written content of the divorce decree sent on his behalf before he signed it. And he did not utter one, two or three talaqs in his mouth. He was allowed to read the divorce certificate. 2. Since I had no role in this divorce as a husband, so if, even after him, a divorce falls on him, or a divorce is pronounced, do I have to remarry him? Can I accept her without marrying Hilla? Or has Hilla become obligatory on him ?? 3. We met physically before we even thought about it very deeply. But after realizing the details of this matter in detail, we are patiently repenting to Allah. But we are both afraid of having children. In this situation, in the light of Qur'an-Sunnah and Shari'ah, I humbly appeal to you to give appropriate fatwa and advice. May the Almighty God, the Lord of the Worlds, grant you Tayyiba in Hayat. Amen. The gist of what was written in the talaqnama is, in this case, I have given my husband Mohammad Abdullah (pseudonym), father Abdur Rahman (pseudonym) in accordance with Islamic law and above all according to the provisions of the prevailing law of the country. By giving the divorce in the pronunciation of "Three Divorces", I ended the lasting and sweet bond and conjugal life of the husband and wife. Mr. Mohammad Abdullah is not my husband and I am not his wife till today after the completion of the affidavit regarding divorce. I voluntarily, consciously, without any persuasion, divorced Mohammad Simon Khan Arofin and executed this affidavit. 7826478777
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
If the event is so, which is described above. That is, if the husband, without the husband's complete knowledge, gives the wife the right to divorce, and 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? 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, Meaning in Divorce in Book-4/456, Al-Muheet Al-Burhani, Book of Divorce, Chapter Six in the Reconciliation of Divorce in Book-4/486, Tatar Khaniya, Book of Divorce, Chapter Six in Divorce in Book-3/380) Relationships. 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. It is disgusting and unjust to raise a hand against a girl who has given up all her possessions to a man, leaving behind her family and parents. The punishment for this oppression will be terrible. So you have to refrain from such lowly work. 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) You have both become interested in religious matters. We are glad to hear that he is trying to follow the religion as much as possible. May Allah accept you. Both of you will read Amal in Fayyal and Sahaba in Hekayat. InshaAllah, if the image of the life of the Companions is in front of your eyes, many things will become easier InshaAllah. 2286524931
- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
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