Divorce (10):

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?

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.

Q2: Is it possible for a woman to divorce her husband during pregnancy? and where can I find that answer in the Quran?

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".

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 ?

A: The said divorce is void since it was not witnessed by two just men.

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?

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.

Q5: If a person is forced and given life threats to give divorce, is this divorce valid according to shariah?

A: If he was forced to divorce because of a threat, then the divorce is invalid. If he decided to divorce willingly because he was convinced that continuing the relation with the wife would lead to trouble as a result of the current circumstances that the marriage relation is facing, then the divorce is valid.

Q6: I did temporary marriage with a Sunni girl. We did not compensate the marriage (i.e we did have sexual relations without intercourse). Now she is about to do permanent marriage to another man. Is it required to wait for idah period?

A: There is no need for the waiting period, Iddah since the temporary marriage time is finished before having intercourse.

Q7: A sunni boy has divorced his shia wife according to Hanafi Jurisprudence i.e. by saying “Talaaq” three times at one place without any witnesses. Needless to mention that this type of divorce is valid according to Hanafi school of thought, is this divorce also valid for the shia girl?

A: Divorce is valid for her as long as it is considered valid in his sect’s jurisprudence.

Q8: Can there be a divorce in Muta?

A: There is no divorce in temporary marriage. the husband can forgive the remaining time of the contract. If he did, then she is out of her marriage with him.

Q9: Is the divorce valid between a couple if the man says it 3 times but the 2 witness needed are his own mother and step father?

A: The mentioned divorce is invalid.

Q10: What is the religious instructions for divorce including dowry and the money to be paid for child and the ex-wife?

A: If divorce was revocable, then maintaining the wife financially during the iddat – waiting period is obligatory on the husband. If it was irrevocable, then such maintenance is not obligatory.
It is obligatory on the father to sustain his children financially whether their mother is divorced or not.
The dowry is payable to the wife by the husband if he consummated the marriage and its half is payable if he did not.