According to the Shafi'i Mazhab, it is permissible to divorce a pregnant wife for various reasons.
While some states allow divorce proceedings to commence during pregnancy, others require waiting until after the birth of the child. It is crucial to consult with an experienced family law attorney in your jurisdiction to understand the specific laws and procedures governing divorce during pregnancy.
There is consensus on this point among the scholars, and there is no dispute. Talaaq according to the Sunnah means that a woman may be divorced in two cases: 1 – She may be divorced when she is pregnant; this is a Sunnah divorce and is not bid'ah.
The basis of divorce under Islamic law is the inability of the Spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce may be either by the act of the husband or by the act of the wife.
The Khula / Faskh is an intricate process which may take between 4-6 months and will include the following: The Khula case to be strictly handled only by a qualified Mufti or Scholar. A complimentary counselling session for anxiety etc. Mediation (if required)
Cruelty or Abuse: If the husband is engaging in physical, emotional, or verbal abuse towards the wife, and the wife can demonstrate that living with the husband is causing her harm, it may be considered a valid condition for Khula.
According to the Board, the husband reserves the right to accept or reject her demand for Khula. In a statement, the Board stated “Khula is dependent on both husband and wife agreeing to end marriage after a woman initiates the proposal”.
In pre-Islamic times, men kept their wives in a state of "limbo" by continually repudiating them and taking them back at will. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man.
Essentially, if there is no clear intention from the gift provider, then the conclusion should be formed that the gifts originating from wife's side of the family should be hers and gifts from the husband's side for him. On this basis, any gifts provided by the wife's family should be returned to her and vice versa.
A man and a woman may be divorced and then remarry under the Muslim divorce system. They may be divorced twice. After that point, this couple may not re-marry each other unless the woman marries someone else in the interim and is divorced from that other man.
The good news is that although you cannot obtain a divorce when pregnant in some states, you can still start the divorce process. Generally, filing for divorce while pregnant is not forbidden in such states as California and Ohio, but be prepared to wait until the baby is born to obtain a divorce decree.
If a woman is pregnant when she is widowed or divorced, the 'iddah lasts until she gives birth. Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she might be subjected to from remarrying too quickly after her husband's death.
If a person utters the divorce in a state of anger fully aware of what he is doing as well as the subsequent consequences then such a divorce is valid, and if the utterance is a third divorce, then there is no recourse to reconciliation and the couple are deemed unlawful to each other.
They asked, "Is it lawful for a man to divorce his wife for any and every reason?" and said, `For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh' ? So they are no longer two, but one. Therefore what God has joined together, let man not separate."
To obtain a divorce you must confirm that your marriage has irretrievably broken down.
If there is no Mahr stipulated in the Nikkah, will the Nikkah be invalid? No. Mahr is a condition in a marriage contract. It does not affect the validity of the Nikkah contract itself.
Sayyid: The wife is entitled to keep the full mahr unless the marriage was not consummated. If the marriage was not consummated, then she is entitled to half of the mahr and must return the other portion to the ex-husband.
According to Islamic teachings in the hadith (sayings of Muhammad), mahr is the amount to be paid by the groom to the bride at the time of marriage, some of which may be delayed according to what is agreed upon by the spouses. The mahr is for her to spend as she wishes.
For the attainment of this supreme goal, Islam defined certain duties and rights for the husband and wife. Dr. Su`aad Salih, professor of Fiqh at Al-Azhar Univ., states: “The maximum limit a husband is allowed to be away from his wife is four months, or six months according to the view of the Hanbali scholars.
Hence, in madhhab al-Syafie, talaq, when one is angry or outraged, is valid. However, we are inclined towards the opinion that if extreme anger results in a person losing his rationality and feelings, akin to an insane person, then the talaq is invalid, however, one must refer to the experts to evaluate it.
Yes, if three talaqs were not pronounced and both (husband and wife) agree to rejoin, then during the iddah period of Khula, the woman can remarry her husband by new nikah.
Nafaqah (Arabic: نَفَقَة) or nafkah is the Islamic legal term for the financial support a husband must provide for his wife during marriage and for a time after divorce. Under an Islamic marriage agreement, the husband is obliged to pay for his wife's housing, food and clothing in the course of their marriage.
This type of Talaqfalls when Talaq is given by the husband and he either uses or says the word 'Talaq' once or twice. He can do this in writing as well.