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  • Should The Wife Pay Money For Seeking Divorce?

    Posted by Umer on June 25, 2020 at 10:21 pm

    A common misconception when a woman seeks divorce from her husband is that she must give some wealth to her husband on this occasion of separation. This has no basis in the Qur’ān; on the contrary, the Qur’ānsays that it is not at all permissible for the husband to demand anything from his wife on this occasion. However, there are two exceptions to this:

    Firstly, if a husband has gifted a lot of wealth and property to his wife and is afraid that in divorcing her he would lose all his riches, the Qur’ānsays that she can forgo some or all of her share and return it to her husband to end the whole affair. It is clear that this is only an exception and not a general principle as is generally held and practiced. It is allowed when only wealth is the husband’s reason for not divorcing his wife. The Qur’ān says:

    وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ(2:229)

    And it is unlawful for you [on this occasion] to take back from them anything you have given them unless both husband and wife fear that they may not be able to keep within the bounds set by Allah. Then if you also feel that they will not be able to remain within the bounds set by Allah, there shall be no offence for either of them [regarding the gifts given by the husband] if the wife seeks divorce [by returning them to him] in ransom. These are the bounds set by Allah; so do not transgress them. And [you should know that] those who transgress the bounds of Allah are wrongdoers. (2:229)

    Secondly, if the wife is guilty of open sexual misconduct. Since such a behaviour destroys the very foundation of marriage, a husband has been allowed to take back any gifts or wealth given to her. The Qur’ān says:

    وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ… وَإِنْ أَرَدْتُمْ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا (4:19-21)

    And do not treat them with harshness that you may take away what you have given them – except where they have been guilty of open lewdness … and if you decide to take one wife in place of another, even if you had given the latter a whole treasure of wealth take not the least bit of it back: Would you take it by slander and usurping [her] rights? And how can you take it when you have lain with each other and [at the time of marriage] they have taken from you a solemn covenant? (4:19-21)

    Umer replied 4 years, 3 months ago 3 Members · 10 Replies
  • 10 Replies
  • Should The Wife Pay Money For Seeking Divorce?

    Umer updated 4 years, 3 months ago 3 Members · 10 Replies
  • Rafia Khawaja

    Member August 4, 2020 at 5:25 am

    If the husband is being impossible then what is the solution.? Islam does not let you take back the gifts the husband has given you but if he wont give you the divorce unless you do so, then best is to return the gifts. Unfortunately our religion teaches us one thing and in practice we see something totally opposite.

    • Sameer Bhagwat

      Contributor August 4, 2020 at 5:39 am

      Does husband have the right to deny the wife divorce if she demands it ?

  • Rafia Khawaja

    Member August 4, 2020 at 7:10 am

    No the husband does not have this right. But when a marriage goes sour the worse traits are displayed by some husbands regarding divorce. That is why in our Nikah Nama we have a column where a woman can write that she wants a right of divorce.Ghamidi Sahib has also said in one of his clips that the husband can give the right of divorce to his wife. Some scholars have suggested that in the marriage contract a time period of 3-6 months can be written, that in case the husband refuses a divorce the wife automatically gets divorced after this time. All this makes sense so that the wife does not have to go to court to enforce a divorce. It makes no sense for a husband to drag the divorce proceedings when they have decided to end the marriage and God does not want it either.

    • Sameer Bhagwat

      Contributor August 4, 2020 at 7:29 am

      “husband can give the right of divorce to his wife”

      If husband doesn’t have this right to deny his wife, what is this right he will give to his wife ? Can you please explain what happens when conditions are not written in Nikah Nama ? Can husband give divorce to the wife and wife has to ask divorce from husband ?

  • Sameer Bhagwat

    Contributor August 4, 2020 at 7:40 am

    What does Qur’an say about the rights of wife to seek divorce ? What is the procedure outlined by Qur’an when a wife wants to divorce the husband and if she needs to pay her Mehr ?

  • Rafia Khawaja

    Member August 4, 2020 at 8:21 am

    Marriage is a contract between 2 people. Normally it is the husband who has the right of divorce and the wife asks for it. But in the nikah Nama after mutual discussions you can write whatever you want to. Right of divorce, wanting to work after marriage, not wanting to live in a joint family system etc. Both parties have to agree to it. The Nikah will be registered. The Mehr amount is decided and it is paid immediately after marriage or if there is some financial issue, it can be deferred payment. Mehr cannot be demanded back. The only exception is which has already been mentioned that the husband has given her such a large amount of wealth and wants some of it back to give her the divorce. This is the only exception. It is seriously advised that the groom and bride sit down and study the marriage contract and agree on all the terms. Many times a wife has a profession which she wants to pursue and her husband will not allow her, but would like her to concentrate on the home, children and looking after his parents. Friction starts! The procedure in the Qur’an is the wife asks for a divorce and the husband may try to persuade her to stay, but if she is adamant then he grants her the divorce.But some husbands may not agree and drag the divorce to court. That is why all conditions should be written in the Nikah Nama before hand. A wife who has written “Right of divorce” is not going to be taking it.!But it is a very important safeguard in our society

    • Sameer Bhagwat

      Contributor August 4, 2020 at 8:33 am

      Can you please provide the verse or authentic hadith in the regard of the following, for my understanding and learning?

      “But in the nikah Nama after mutual discussions you can write whatever you want to.”

  • Rafia Khawaja

    Member August 4, 2020 at 8:42 am

    Please understand that this provision is in the Nikah Nama in our part of the world and is approved by the government. I did not say it was in the Qur’an or Hadith.

    • Sameer Bhagwat

      Contributor August 4, 2020 at 10:06 am

      So, there is no such provision in Qur’an and Hadith for it, right ? The government rules are different.. Allah or the Prophet did not make any such provision.

  • Umer

    Moderator August 5, 2020 at 3:39 pm

    <div>Please see these:</div>

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