Talaq during pregnancy valid. Divorce Under Muslim Law (Talaq): Family Law Notes 2022-10-28
Talaq during pregnancy valid
Talaq, also known as divorce in the Islamic tradition, is a process in which a Muslim man can legally end his marriage by simply stating the word "talaq" (meaning "divorce" in Arabic) to his wife. In some cases, the husband may repeat the word talaq multiple times in order to make the divorce final. While the practice of talaq has been controversial and the subject of much debate within the Muslim community, it is important to consider the question of whether talaq during pregnancy is a valid form of divorce.
There are different opinions on this matter within the Islamic tradition. Some scholars argue that talaq during pregnancy is not valid because the unborn child has a right to a mother and a father. According to this view, it is not fair to the child to allow the marriage to be dissolved during pregnancy, as the child will be born into a situation where one of its parents is absent.
Other scholars argue that talaq during pregnancy is valid, but only if certain conditions are met. For example, some scholars argue that talaq during pregnancy is only valid if the husband has provided for the financial needs of the wife and child, or if the husband has obtained the consent of the wife before issuing the talaq.
In general, it is important to note that the practice of talaq is not universally accepted within the Muslim community. Some Muslims believe that talaq should be abolished altogether, while others believe that it should be reformed to better protect the rights of women and children.
Overall, the question of whether talaq during pregnancy is a valid form of divorce is a complex and nuanced one that requires careful consideration of the various legal, social, and moral factors at play. While it is ultimately up to individual Muslims and their religious authorities to determine the validity of talaq during pregnancy, it is important to approach this issue with sensitivity and a commitment to justice and fairness for all parties involved.
Divorcing wife during her menses
This act makes triple talaq a criminal offence and provides a punishment for imprisonment up to three years. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage. She is greedy and wants everyone to stay in the house, meaning both of her daughters with their husbands, and we too. What was your reaction in this situation? And Allah knows best. I repent and admit my sin and Pray to ALLAH to forgive me. Deep within I know that his mother doesn't want this.
Talaq when pregnant
The dissolution of Muslim marriage act, 1939 was passed in order to bring together and to clarify the provisions of Muslim law and to remove any doubts regarding to the renunciation of Islam by a married Muslim women on her marriage tie. Praise be to Allah. Though I did not indulge in any immoral and bad activity nor I contracted marriage with anybody during the whole period of iddah but one mistake I commited is that I couldn? You might out of fear of being alone think you love him. Understand and increase your knowledge of Islam and keep your duties to Allah. This is the same husband who used to rush home from work just to see me.
what are the conditions for a valid talaq
. Keeping his treatment in view even before the actual marriage Rukhsati etc , I along with my parents feel that this union will not be of any happiness rather will be full of miseries and problems. I would appreciate if you please reply as soon as possible as the time is so short. It may be mentioned that Mushtaq Ahmad Shah is not responding to the various Darul Fatwas directives. IA stay strong in your faith, pray 5 times and ask Allah to ease your pain and guide you. Imam Ibn Taymiyah and others see that this divorce is ineffective. But it is to be noted that it is void under Shia law.
Is Pronouncing ‘Talaq’ in Anger Valid?
The husband is saying that he has issued no talaqs where as the wife is adamant that she heard her husband say talaq to her. Fatawa Darul Uloom Deoband p. Scholars fully agree that both methods affects the marriage contract. This is to enlighten those who believe in God and the Last Day. Kindly suggest me regarding the same in breif it is Talak or what compensation I have to pay. I do not know where they get this idea from, for it has no basis in the words of the scholars.
Divorce Under Muslim Law (Talaq): Family Law Notes
It is also to be noted that it may be initiated by any of the parties which are the husband and wife. May Allah protect you and help you heal from what you have gone through. Background Scholars divide the talaq — in terms of its hukm — into two categories: Sunnah ordained talaq technically knowing as sunni talaq and Bid'i talaq prohibited method. My wife was a new convert to Islam. Have faith in Allah, you will love again and this time you will be better prepared.
Talaq during pregnancy
Imam Juwaini commented on their view: اتَفَقَ حَمَلَةُ الشَّرِيعَةِ عَلَى أَنَّ الطَّلاَقَ - وَإِنَّ كَانَ مُحَرَّمًا - نَافِذٌ، وَلَا اِكْتِرَاثَ بِمُخَالَفَةِ الشِّيعَةِ فِي ذَلِكَ "The carriers of shari'ah classical scholars agreed that the triple talaq — even if prohibited — it is executed and there is no weight for the disagreement of Shiites on this. There is much stigma attached with being divorced in the Muslim community. I have no personal income or assets. I waited 6 days and rang him. You shall have two equitable witnesses witness the divorce before God. In particular, it is a repudiation or rejection which is applied by the husband or on behalf of the husband.
What is your financial state right now? The Prohibited Method of Talaq The bid'i talaq is the talaq that violates the Sunnah ordained talaq above. This Answer is a general reply based on the details given. In short, you are no longer married. This is the view of all the Schools of Fiqh. So, I will leave that distinction here as they may cause confusion with no significant benefit. See a full discussion here.
When Talaq Is Not Valid
We both want to reconcile. This pronouncements may be made either in one sentence or in separate sentences. Read Also: How to Give Talaq During Pregnancy? References Abu al-Hassan, Bidayat al-Mubtadi Abu Bakr al-Jasas, Sharh mukhtasar al-Tahawi Al-Haytami, Tuhfat al-Muhtaj Badlahi, al-Ikhtiyar li-Ta'leel al-Mukhtaar Juwini, Nihayat al-Matlab fi Dirayat al-Madhab Ibn Rushd, Bidayar al-Mujtahid Ibn Qudamah, al-Mughni Ibn Hazm, al-Muhala Quduri, Mukhtasar al-Quduri fi al-Fiqh al-Hanafi Tha'labi, al-Talqeen fi al-Fiqh al-Maliki In a Nutshell: Sunnah ordained talaq is the divorce with only one pronouncement of one talaq whilst the wife is in a non-menstrual state tuhur - with no intercourse since the previous menstruation. Iwas engaged to Mushtaq Ahmad Shah and the Nikah was performed on 04-03-2004. Please choose option 2 and keep the child after birth. If divorced happened she will go back to her parents and i fear that they will grow my child as christian. Husband did not visit her any time during pregnancy.