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Muslim Law Of Marriage (Alimony, Iddah, Non-Muslim Spouse, Khula)
1. Is woman entitled to maintenance after end of stipulated period in Muta marriage other than secular remedy? (Theoretically)
2. What is the period of iddah in khula? 3 menstrual cycles or the view of Ibn Taymiyyah of 1 menstrual cycle?
3. Does marrying a disbelieving woman render the Nikah ‘fasid’ or ‘batil'(as in the case of marrying one undergoing iddah)?
4. Does the denial of coital relationship by either of the spouse serve as ground for talaq? If so, then what is the Islamic remedy for the wife if the husband refuses permission for khula and/or tafweez? Also, what would be the period of iddah in the cases of both previously consummated or unconsummated marriage in a similar situation?
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7 Replies
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Muslim Law Of Marriage (Alimony, Iddah, Non-Muslim Spouse, Khula)
updated 1 week ago
2 Members
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7
Replies
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1. Muta is not a valid marriage, so according to Shariah, the girl is not entitled to any benefits from the man, except what they decide otherwise.
I2. dda is the waiting period to determine whether or not a woman is pregnant. Therefore, it is the same in every case. However, if a medical examination confirms that she is not pregnant, she is not obliged to serve iddat.
3. It is still a Nikah for the man and the woman. If the man does not care about the prohibition of marrying a disbeliever, he will marry her. However, after marriage, he realizes that he has done something wrong, then he is not obliged to divorce her.
4. The reason for divorce has to be decided by the man. The one cited here can be the one.
The court can nullify the marriage in the case of Khula if the husband refuses to divorce. The iddat is the same in every case.
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Thank you for your response. I have asked all questions on a theoretical plane therefore what I wanted to know is that in the case of khula, what would be the period of iddah (3 menstrual cycles or 1 menstrual cycle)? As far as I know, in a divorce like Talaq e Hasan, three menstrual cycles are required to be observed by the woman to determine ‘istibra i reham’. However, as far as my knowledge goes, Ibn Taymiyyah asserted that since khula is initiated by the wife and this the possibility of reconciliation is almost nil, only one menstrual cycle, just for the determination of pregnancy is sufficient.
Kindly clarify the nature of debate.
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These are not just theoretical questions, but real scenarios. The answers are already given. The iddat will remain the same in every case, 3 menstrual cycles, according to us. We do not accept Ibn Taymia’s opinion.
One cycle in some cases is sufficient to determine pregnancy. For details, you may read an article of mine on this issue.
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Thank you.
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Correction: one cycle is sometimes not sufficient to determine the state of pregnancy.
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Yes. This is what was implicit in my line of reasoning, Sir. I was asking that if somehow theoretically, it was possible to determine the status of pregnancy within one monthly cycle, could it escape the imposition of injunction under Qur’an, 2:228 of three monthly cycles.
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No. It requires 100% surety. It has to be confirmed with 3 cycles or a medical report.
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