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Validity Of Nikah And Divorce
I am writing this to ask about nikha and divorce situation. Actually, I am residing in Finland. One man did nikha with me on audio call. I mean me and my husband were sitting together but one molvi saheb from Pakistan on audio call and 2 witness from molvi saheb sitting with him. We just did nikha verbally, my husband has to take nikha nama but he didn’t take yet. Now we were spending life as husband wife from 7 months. My husband was already married with 2 kids. Now he want to divorce me because I am asking for my basic rights and he didn’t give me. He say words for divorce once in front of me and once on call that I didn’t hear. But he is telling a lie that he give me divorced 3 times. It seems he want to get rid of me. I have mainly 2 question. 1st one our nikha is valid according to Islam and shariat in this all situation. ( mra mtlb hmra nikha hoa bhi tha k ni is sari situation ma) Secondly, divorce happens or not ? ( divorce ho chuki h k ni). I am very tensed about this situation and I don’t want to leave my husband.
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3 Replies
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Validity Of Nikah And Divorce
updated 1 year, 5 months ago
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In principle, nikah requires public announcement either in the society or legally through the court. Additionally, nikah requires announcement of haq mehr by the husband.
If the husband has pronounced divorce with full intention then the divorce is valid. Following are the details about procedure for divorce:
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Our nikha public announcement was done after few months to limited people ( few friends from wife side not from husband side). Secondly, yes in verbal nikha haq mehr was decided from husband. I want to ask still our nikha was done according to shariat?? Thirdly, if my husband claims that he said divorced 3 times in front of me. So divorced happens or not. Should I wait for him in iddat time period that may be his mind changed and he will continue our marriage within this limited time?? Fourthly, he didn’t take permission of 2nd marriage from his first wife. So, her permission is compulsory or not ?? Fifthly, now my husband claiming he has cheated his first wife and now she forced him to divorced me. Is it right that he want to divorce me by her pressure or by feeling of guilt that he cheated his 1st wife ??? In all what was my sin he don’t understand.
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From what I can tell the nikah was valid as it was done in the presence of others and later announced to the friends and the family. This was, however, not the proper or the advisable way to do nikah.
The number of times a divorce is pronounced in a single instance is of no significance. In a given marriage there are two chances for ruju (reconciliation); as long as ruju is made during the period of iddah then the marriage can continue on. The third time a divorce takes place in the same marriage, it is considered to be final and reconciliation is no longer allowed. Please watch the videos in the following discussion for details:
Yes as long as the marriage was consummated then in principle iddah is necessary. Please watch the videos in the following discussion to understand the need, the requirements, and the exceptions:
Permission of the first wife is not necessary unless stipulated by a state law.
Unfortunately, I cannot speak for your husband and why he wants to divorce you.
From what I can tell, the problem in this arrangement was to agree to get married without involving the members of the society (friends, family, etc.). There are very good reasons for the established norms and they are mostly to protect the rights of wife. When we violate such norms, generally we end up paying the price.
With that said, in order to protect your privacy I advise you to edit your profile and under ’Last Name’ change the visibility setting to ’Only Me’.
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