Imam Ali (AS) said, 'Generosity is a means of nearness [to Allah].

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Question ID  4382  -  Divorce
My Maraja is Agha Sistani (May Allah protect him) I got my nikah done over Skype with my cousin in 2010. After nikah, we never met because we both were living in different countries for education as we both were young. Because there was no communication, after 6 years, I decided for Khula because of misunderstandings. My mother went to a moulana in Pakistan who was our representative to perform the procedure for khula. The representative asked the husband for a written statement in which the husband gives his consent for khula. However, the representative didn’t ask the wife (me) for my consent before proceeding for khula since I was not present. After khula, in less than 6 months, I got a chance to speak to my exhusband and we decided to get back together. We haven’t been married to someone else. However, the families are against our decision due to their personal reasons. We (my husband and I) went to another moulana to ask some questions and after we told him the khula procedure, he said the procedure is not done correctly, therefore, the khula is not valid. According to what he told us, since the husband and wife were not present, the wakil (representative) is supposed to do wikalat, which means ask both husband and wife for their consent/permission before reading the seegha (either on phone or in a written statement). The moulana even spoke to the representative on phone and asked him if he asked the wife also, and to my surprise, the representative lied and said he spoke to me and took my consent. When I confronted him he said it’s not a big deal because my intention (niyat) was for khula and my mother agreed on my behalf, so there was no need to take my consent/permission. But then why did he lie to another moulana, I don’t get it. Allah knows better. My question is that since our representative didn’t speak to me at all and only took wikalat from my husband only. Based on the situation, is this khula valid? If the couple is trying to get back together as they realized their mistakes, what would be the advice for families who are against this decision because of the misunderstandings between them. It might help them change their perspective. JazakAllah khair!
 
Answer:-  Wa Alaykum Assalam wr wb
1. If you have authorised your mother to ask for Khula on behalf of you, that authorisation itself is valid on your behalf. Nevertheless, you and him are always allowed to invalidate the Khula by returning any money you gave him to make him agree on the Khula, then the Khula will become simple divorce. You both can after that recite a new Nikah immediately.
2. If you and him decide to be together in marriage bond, your families have no right to prevent or disturb such marriage unless there is a valid Islamic reason. They should be told that preventing marriage is a very bad act which can harm them in this life and hereafter.
Wassalam
Mohammad Al-Musawi


 
Question ID  4325  -  Divorce
Aoa I got married in october 2013,after marriage behaviour of my husband was not kind with me,there was no way to live with him so i ended up the marriage by taking khulla from city court karachi pakistan...After that i wanted to end my marriage religiously,I went to shariat court in my area,jafar e tayar society malir karachi..They send 3 notices to my husband to come and end this marriage but he didnt come...I dont know where he is,we have no contact with him,kindly tell me the solution of my problem,that how to end this marriage according to shariat...Me and my all family members have tried every possible way to contact him but he is not responding to us...kindly guide me how to end this.
 
Answer:-  Wa Alaykum Assalam wr wb
You can contact local Alims in Karachi who can try to reach to your husband and get you the religious Talaq from him.


 
Question ID  4098  -  Divorce
Assalam o alaikum Agr kisi ka nikkah hogaya ho aur rukhsati na hui ho us time mai khulla hojaye . Khulla k baad agar kahin aur rishta aye to kia dusre rishte ko khulla ka batana chaye ? Aur kahin aur shadi ho to kia single nikkah nama mai likhna allow hai? Rukhsati nahi hui hai na kabhi ek dusre se mile hain 1 month mai khulla hui. Maine kisi se suna hai k nikkah ka chupana rukhsati na hone p koi gunah nahi hai.
 
Answer:-  Yes, she is still virgin.
 
Question ID  4074  -  Divorce
Salamun Alaikum.... Agar Aisi Surat e Haal ho jaye ki Biwi Shohar ko chod ke Chali jaaye Apne waalid ke Ghar....Aur Shohar usko Talaaq denaa chahta hai....Lekin Biwi Waapis aane ka bol rahi hai....Shohar waapis nahi lana chahta.....Aur Talaaq dena chahta hai...Lekin Ab Biwi ke Menstrual Periods ke bare mai Shohar ko kuch Pata nahi....Biwi Shohar se 6 months se juda hai....Talaaq kab padhe? Haaiz ke Bare mai pata na ho to kya kare? Aisi Surat mai jab 6 months juda hai dono....
 
Answer:-  Talaq is invalid if it happens during menstruation.
It is very good to reconcile.
Wassalam
Mohammad Al-Musawi
 
Question ID  3944  -  Divorce
Assalamalaikum, My brother and his wife are parents to a two year old girl. My sister in law has been staying separately since 2 years and has recently sent Khula letter. Is it true that after Khula is given, my sister in law will lose all rights over the child and my brother will absolute custody? Pls guide. Jazak Allah
 
Answer:-  Wa Alaykum Assalam Wr Wb



Wife alone cannot send final Khula to her husband , Khula can be initiated
by the wife who has been victimized.

She need to seek help of the Islamic authority (Haakim shari'at) , who then
take the steps of Khula by :-

1. Asking the husband to give his wife her rights , If husband refuses
to obey , then :-

2. Ordering the husband to divorce her. If the husband refuses to
divorce , then.

3. Issuing Talaq Khul'i.

Custody of small children remains with the wife unless she marries someone
else , or the age of the children becomes more than 2 years (for boys) or
more than 7 years (for girls).


Wassalam

Mohammad Musawi
 
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