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How to give divorce islamically ?

  1. #1
    markislam's Avatar Full Member
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    Question How to give divorce islamically ?

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    I am planning to give my wife divorce islamically

    what are the steps to take ?

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    'Abd-al Latif's Avatar Super Moderator
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    Re: How to give divorce islamically ?



    I have taken pictures of the book 'Islamic Jurisprudence' on the chapter of divorced authored by the esteemed scholar Dr. Salih Al-Fawzaan. This is a translated book and below is the relevant information you need. If you want me to take pictures of the rest of the chapter of divorce then I'll be happy to do so.

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    Last edited by 'Abd-al Latif; 12-17-2009 at 11:45 PM.
    How to give divorce islamically ?

    And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.”
    [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]



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    Donia's Avatar Full Member
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    Re: How to give divorce islamically ?

    Does this apply if the wife is not Muslim?

    Sincere question.
    How to give divorce islamically ?

    "And hold fast unto Allah, He is your protector, the best to protect and the best to help"

    (Quran 22:78)

  5. #4
    Snowflake's Avatar Full Member
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    Re: How to give divorce islamically ?

    assalamu alaykum

    You cannot divorce your wife islamically brother as the marriage wasn't done according to Islam. You must divorce her by state law. But do exhaust all possiblities of making your marriage work before taking this step inshaAllah.


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    desert winds's Avatar Full Member
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    Re: How to give divorce islamically ?

    asslam alaikum brother mark-
    what you need to do is contact a masjid which deals with divorce- they will do it for you and give you relevent documents to proove your divorce in future if needed.
    i am sorry things could not work out-
    i hope Allahswt eases your pains.

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    desert winds's Avatar Full Member
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    Re: How to give divorce islamically ?

    i dont no if this applies to your wife, but in islam a divorce has to be said 3 times, after each time she has a period you can say the word divorce to her- write it to her so everytime her period ends you can say the word. for 3 months then you will be able to continue your life also it maybe helpful to get a english divorce also for which you will need a family solicitor-

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    Re: How to give divorce islamically ?

    brother mark i am sad to hear you are divorcing now but something is telling me its to early for you to make such a drastic decision
    How to give divorce islamically ?

    ae8iug 1 - How to give divorce islamically ?


    wwwislamicboardcom - How to give divorce islamically ?

  10. #8
    Snowflake's Avatar Full Member
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    Re: How to give divorce islamically ?

    format_quote Originally Posted by desert winds View Post
    asslam alaikum brother mark-
    what you need to do is contact a masjid which deals with divorce- they will do it for you and give you relevent documents to proove your divorce in future if needed.
    i am sorry things could not work out-
    i hope Allahswt eases your pains.
    sis

    Hamdulillah, brother Markislam reverted to Islam after marriage to his Christian No nikah (islamic marriage contract) had ever taken place. Hence there is no islamic marriage contract to be annulled. A contract can only be invalidated by the same laws it was established by. I hope that clarifies the situation inshaAllah.



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    'Abd-al Latif's Avatar Super Moderator
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    Re: How to give divorce islamically ?

    format_quote Originally Posted by Scents of Jannah View Post
    sis

    Hamdulillah, brother Markislam reverted to Islam after marriage to his Christian No nikah (islamic marriage contract) had ever taken place. Hence there is no islamic marriage contract to be annulled. A contract can only be invalidated by the same laws it was established by. I hope that clarifies the situation inshaAllah.


    Marriage to Jews and Christians is allowed so his marriage is Islamically valid and it should be annulled Islamically. Allah knows best.
    Last edited by 'Abd-al Latif; 12-18-2009 at 09:20 PM.
    How to give divorce islamically ?

    And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.”
    [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]



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    Re: How to give divorce islamically ?

    format_quote Originally Posted by markislam View Post
    I am planning to give my wife divorce islamically

    what are the steps to take ?
    Ah sorry to here this. Do reconsider.

    Have you done istikhara?
    How to give divorce islamically ?

    I was looking at myself talking to myself and I realized this conversation...I was having with myself looking at myself was a conversation with myself that I needed to have with myself.

  14. #11
    Humbler_359's Avatar Full Member
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    Re: How to give divorce islamically ?



    Sorry to hear your difficulties, brother, let's discuss about your daughter, how to solve it? Will your wife allow her to see you in joint?

    It would be nice if your wife and you had agreement in mutual understanding and sign agreement in order to avoid court. That's common.

    if not, talk with lawyer for advice. I believe you live in US, you have to go through court system. By the way, I live in Canada.

    Please make sure you DON'T AGREE to sole custody if she prefer this. That's her conscience.

    Wasalaam!
    How to give divorce islamically ?


    "When the Qur'an is read, Listen to it with attention, And hold your peace: That ye may receive Mercy"
    ~ 7:204

    "Then do ye remember Me; I will remember You. Be grateful to Me, And reject not Faith. ~ 2:152


    How Islam started 1400 years ago?- see Youtube




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    Re: How to give divorce islamically ?

    format_quote Originally Posted by 'Abd-al Latif View Post
    Marriage to Jews and Christians is allowed so his marriage is Islamically valid and it should be annulled Islamically. Allah knows best.
    That is if the man is a muslim himself at the time of marriage. Brother Markislam wasn't. There was no nikah.


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    Re: How to give divorce islamically ?

    format_quote Originally Posted by Scents of Jannah View Post
    That is if the man is a muslim himself at the time of marriage. Brother Markislam wasn't. There was no nikah.



    There was a nikah but this was according to the laws of the people of the book. Now that he is Muslim he has to act according the Law of Allah.
    How to give divorce islamically ?

    And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.”
    [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]



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    markislam's Avatar Full Member
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    Re: How to give divorce islamically ?

    so iam confused here now, so it means i can divorce her islamically and then do the legal divorce

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    markislam's Avatar Full Member
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    Re: How to give divorce islamically ?

    yes i wont agree to sole custody bro Humbler_359, I will fight if that is the case

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    Re: How to give divorce islamically ?

    May Allah ease your difficulties and reward you much much better in this world and sure Hoor are waiting for you hereinafter.

    You divorce your wife islamically and than as per state law.
    How to give divorce islamically ?

    When there is nothing left but Allah that is when you find out that Allah is all you need.

  21. #17
    Snowflake's Avatar Full Member
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    Re: How to give divorce islamically ?

    format_quote Originally Posted by 'Abd-al Latif View Post


    There was a nikah but this was according to the laws of the people of the book. Now that he is Muslim he has to act according the Law of Allah.
    I dont understand. Does the non muslim wife has to observe idah then? Or the islamic law only applies to the muslim husband? I kind of find it strange to think that different laws apply to spouses in the same matter.

    I will also try to find the fatwa I read about previously which stated that there was no islamic divorce if there was no islamic nikah. Also can you give source please bro? This is an interesting matter.


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    markislam's Avatar Full Member
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    Re: How to give divorce islamically ?

    what Abd-al Latif said makes sense

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    Re: How to give divorce islamically ?



    Markislam, Scents of Jannah I will PM you in a few minutes with something that may be of benefit to you. I am closing this thread in the mean time to avoid further discussions. I may reopen it later upon request.
    How to give divorce islamically ?

    And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.”
    [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]




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