Divorce

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Shafaqna (International Shia News Agency) – The Grand Ayatollah Sistani answered some questions regarding divorce. According to Shafaqna the questions and answers are as follows:

 

Question 1: A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the children. Has such a woman, who has violated her marital duties, any right in anything from her husband?

Answer: The said woman is not entitled to shari’i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband).

Question 2: A civil divorce, according to the law of a western country, took place. The husband is adamant not to grant his wife a shari’i divorce, does not provide maintenance for her and not accept mediation. What should the woman do, noting that her patience would certainly wear thin and, eventually, put her in an untenable situation (haraj)?

Answer: She should seek redress with the Marji’ or his deputy. He would advise the husband to choose one of two courses of action: Either pay his wife maintenance money or grant her Islamic divorce, albeit by proxy. Should he chose neither, and that it was not possible to pay maintenance money, the Marji’ or his deputy should carry out the divorce.

Question 3: Is it necessary that there be two witnesses when the formula of divorce is being recited?

Answer: The presence of two just male witnesses is required; without their presence the divorce would not be in order.

Question 4: I am married to woman that lives by her self and she is completely dependent on her self. We are married for one year but we have still long time for our marriage to end. However we started to have some problems together and we both believe that we cannot live with each other any more. I wanted to know, is it possible to end our marriage before the time that we agreed on by me saying that word that she is divorced?

Answer: If it is not possible for you to live with her, you may divrce her yourself or ask some one to do it on your behind, however two witnesses should be present. You must note that if the marriage is temporary, divorce is not required. You can exempt her from the remaining time and separate from her.

Question 5: f a mother advises her son to divorce his wife with whom she has differences, is it obligatory upon him to obey her in this matter? What if she says, “You are an ‘ãq child,2 if you do not divorce her”?

Answer: It is not obligatory on him to obey her in this matter, and her statement [about him becoming disobedient] has no effect whatsoever. Of course, as mentioned earlier, it is necessary for him to hold back from any insulting statement or action towards her.

Question 6: A woman who took divorce from her husband (wedding ceremony was not held and she took Talaq-e-Khula`) in this situation should she perform `Iddah?

Answer: Iddah is not necessary, if no sexual intercourse has taken place.

Question 7: If a qazi did all things for talaq-e-khula but didn’t give any certificate or any proof, can she get married again or she may have to wait for any certification or a period ?

Answer: Issuing a certificate is not a pre-requirement or condition for the validity of divorce. {Meaning, a certificate issued cannot be enough proof for the validity of divorce}.

 

Source: Ayatollah Sistani

www.shafaqna.com

 

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