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Q1:
Ms A knows she cannot have
children and tells this to the man who wants to marry her, and the
man still agrees to the marriage. They draw up a marriage contract
where she stipulates that he must not divorce her unless she betrays
him, commit zina or he finds a more beautiful wife. Years later the
man divorces her anyway on the grounds that she cannot have
children. If the talaq - divorce - is valid, is it sinful? What compensation can
the woman demand from the ex-husband for his breaking the marriage
contract by divorcing due to reasons other that those agreed at
marriage? |
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A:
If the
mentioned condition was part of the marriage contract, the divorce
is not valid i.e. void and the woman is still his wife based on the
mentioned details. |
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Q2:
Is it possible for a woman to divorce her husband during pregnancy? and where can I find that answer in the Quran? |
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A:
A man is allowed to divorce his wife while she is pregnant. Almighty Allah
said in verse number 4 ,Surah 65: "And for those with child, their period shall be till they bring forth
their burden". |
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Q3:
I gave divorce to my wife not totally willingly, and said it to her 3 times in front of my mother and step father. is the divorce valid or not ? |
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A:
The said divorce is void since it was not witnessed by two just men. |
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Q4:
My wife is in another city, I want to divorce her, I know I can do it in her absence, but what about two witnesses?
1- is it ok to have the two witnesses one by one, or they should both be
present?
2- can it be said on the phone?
3- Do I need approval of witness? Can I just say it in front of them, or they must agree to it? |
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A:
Both of the witnesses must be present when the husband recites the proper
form of divorce. It is allowed to recite it over the telephone
provided that both witnesses are hearing it at the same time. It is not required to seek the permission of the witnesses.
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