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My Problem Is with My Husband, the Father of My Daughter. for Seven Months I Have Been — Jurisprudential Answers — Miscellaneous Issues, Vol. 2

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Contents
  1. Question and answer
  2. More in Family
  3. References
  4. Editorial notes

Question and answer [link]

Question 41

My problem is with my husband, the father of my daughter. For seven months I have been living with my family because we disagreed. He does not stay overnight at home, does not care for me or his child, and has relationships with other women whom he talks to over the internet. Our problems are many, all because of his distance from me and the home and because he is occupied with what he calls his own life and work. He did not want us to have children because he talks about divorce every day and with every problem, however trivial. Sometimes I feel that recently he has begun creating problems with me deliberately. God willed that we be blessed with a daughter who is now a year and a half old and lives with me. He insists on divorce and gives no reason except that we are not compatible, that I do not suit him, and that I create problems. Because I know that divorce is the most hated of permissible things before God, I tried many times with him, and my family tried to persuade him that we return and live together lovingly for God's sake and with forgiveness, especially because we have a daughter. He is at fault, although I do not absolve myself, for the soul commands evil. He treated me well during the first months of our marriage but changed greatly after a year, and today, after five years of marriage, he has decided on divorce. I have been very patient with him and with his behavior toward me, but he wants nothing except divorce. He told me in front of my family and his family that I am divorced from him, and many people know that he does not want to return after they tried to persuade him. I accepted the divorce as he wanted, but now he demands that I relinquish my rights, including the deferred dowry, and sign an undertaking that I will not remarry and that I will give him the child if I do remarry. He has lived with her for only a few months and has not supported either me or her during these seven months. He says that if I agree to these conditions he will divorce me, and if I do not relinquish these rights he will leave me suspended in this state. I am not thinking of remarriage at all, but I do not want to sign anything. I am neither truly married nor divorced. He has divorced me in court, but I want to be divorced from him according to the religious law. I live in Europe, go out to work, and have needs outside the home, and all of that requires the husband's permission while I remain his wife in name only. He neither sees me nor asks about us. My Imam Ahmad, I want a solution. I want to be divorced from him and free to devote myself to raising my daughter and attending to my religion and your blessed Call. I am tired of these problems and of people who do not fear God. Can you divorce me from him, or do you have another solution for me?

Ahmed al-Hasan Response:

If he divorced you in the presence of witnesses from your family and his family, and you had moved from the last period of purity in which he had intercourse with you into another period of purity, then you are religiously divorced from him. If you were living in your family's home during the transition from the period of purity in which he last had intercourse with you to the next period—that is, he was absent from you—then the divorce is valid even if you were menstruating at the time he pronounced the divorce. If the two of you did not return to one another after that divorce until the waiting period ended, then you are now divorced, he has no marital right over you, and you deal with him like other non-mahram men. Even a divorce in court is valid if he divorced you in the presence of witnesses while you were in a period of purity in which he had not had intercourse with you. As for his demand that you surrender your rights even though he is the one who divorced you, this is invalid and contrary to the religious law. He has no right to demand that you relinquish your religious rights. Custody of the girl is religiously your right if her father does not believe in the truth, and he has no right to demand that you give it up. If a religious divorce did not take place under the preceding conditions that I explained to you and that are set out in The Laws, and you want a judgment divorcing you from him, then you may convey this answer or its meaning to him and ask him to send a message to the website within one month from the date you notify him, explaining his position as you have explained yours, because issuing a judgment requires hearing both parties. May God grant you success and make your steps firm. If he neglects to respond within thirty days, you may then send a message requesting divorce from him, if you were not already actually divorced from him as explained above. In the message, write your full name and his full name, and God willing a religious divorce certificate will then be sent to you.

published translation. Source [1]

Source: الأجوبة الفقهية (مسائل متفرقة - ج2); Question 41; Page Not available; FIQH-MISC-V2-Q041. View Arabic source · Open the original Arabic source ↗

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References

  1. ↑ السيد أحمد الحسن. الأجوبة الفقهية (مسائل متفرقة - ج2). Question 41; Page Not available. FIQH-MISC-V2-Q041. View Arabic source
Cite this page

الأجوبة الفقهية (مسائل متفرقة - ج2) — السيد أحمد الحسن. Question: 41. Page: Not available. FIQH-MISC-V2-Q041. https://ahmedalhasan.org/ar/Library/BookContent/98

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Editorial notes

The page title and topic labels are WikiSavior editorial wording, not quotations from the author.

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View source · Page information
{
  "id": "FIQH-MISC-V2-Q041",
  "book_title_ar": "الأجوبة الفقهية (مسائل متفرقة - ج2)",
  "author": "السيد أحمد الحسن",
  "question_number": 41,
  "page_number": null,
  "source_url": "https://ahmedalhasan.org/ar/Library/BookContent/98",
  "source_language": "ar"
}
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