Social Matters >> Talaq (Divorce)

Question # : 1064

Saudi Arabia

I was married on Feb 16,2003 and came back to Arab for job to-date I did not go to India due to my job and passport problem. Allah bless us baby boy on Dec 20,2003. In Feb 2004, I lost the job and my inlaws started blaming me that I am married in Saudia. I sent to my wife money several times till June 2004 but after that she refused to take money, the reason was wrong concept of my marriage. After that she left the town and settled in Delhi without my consent and started Diploma in Beauty Parlor course. She came back again to home town in her mother home in July 2005, then I sent her money but she again refused. In Dec 2005, she left to Pakistan without my consent and came back after several months. In July 2006 she called me very nicely I pardoned her and we started talking till Aug 26, 2006. On Sept 13, 2006, She left to Africa along with my three old son without informing me. Her African uncle promised me to send wife/ son to me. She talked nicely from Nov 7 to Dec 2 2006. And suddenly she filed a in Jamiat Ulema Africa for Khula. The main point the wife raised that I am not in touch with her for three years and neither send her money. (Is her maintenace claim valid if she is running here/there in different countries without informing me). They are denying any conversation between Nov 7,2006 to Dec 24,2006 by saying that the voice can be developed on computer in fraud way. The last money I sent her on Aug 6, 2005 because after that she refused to accept. She want to keep son with her. My question is that on this ground our nikah will remain valid or it will finish. I want my wife and son with me as per Quran/ Sunnah.

Answer : 1064

Published on: Sep 9, 2007

بسم الله الرحمن الرحيم


(Fatwa: 860/807=B)


 


Khula takes place from both sides i.e. the wife says to husband: we can no longer live together; therefore give me divorce in return of mahr (dower). And, the husband gives divorce saying: I divorce you. It is necessary that it takes place in single meeting. If wife demands Khula and husband denies it then there is no divorce.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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