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markislam
12-17-2009, 08:23 PM
I am planning to give my wife divorce islamically

what are the steps to take ?
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'Abd-al Latif
12-17-2009, 11:39 PM
:salamext:

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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Donia
12-18-2009, 06:10 AM
Does this apply if the wife is not Muslim?

Sincere question.
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Snowflake
12-18-2009, 09:18 AM
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.

:wa:
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desert winds
12-18-2009, 11:33 AM
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
12-18-2009, 11:35 AM
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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cat eyes
12-18-2009, 05:45 PM
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
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Snowflake
12-18-2009, 06:12 PM
Originally Posted by desert winds
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.
:sl: 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. :)


:wa:
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'Abd-al Latif
12-18-2009, 09:15 PM
Originally Posted by Scents of Jannah
:sl: 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. :)


:wa:
Marriage to Jews and Christians is allowed so his marriage is Islamically valid and it should be annulled Islamically. Allah knows best.
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GuestFellow
12-18-2009, 09:21 PM
Originally Posted by markislam
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?
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Humbler_359
12-18-2009, 09:28 PM
:sl:

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!
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Snowflake
12-18-2009, 09:34 PM
Originally Posted by 'Abd-al Latif
Marriage to Jews and Christians is allowed so his marriage is Islamically valid and it should be annulled Islamically. Allah knows best.
:sl: That is if the man is a muslim himself at the time of marriage. Brother Markislam wasn't. There was no nikah.

:wa:
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'Abd-al Latif
12-19-2009, 08:04 AM
Originally Posted by Scents of Jannah
:sl: That is if the man is a muslim himself at the time of marriage. Brother Markislam wasn't. There was no nikah.

:wa:
:salamext:

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.
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markislam
12-19-2009, 11:36 AM
so iam confused here now, so it means i can divorce her islamically and then do the legal divorce
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markislam
12-19-2009, 11:42 AM
yes i wont agree to sole custody bro Humbler_359, I will fight if that is the case
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Rafeeq
12-19-2009, 12:02 PM
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.
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Snowflake
12-19-2009, 05:28 PM
Originally Posted by 'Abd-al Latif
:salamext:

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.
:sl: 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.

:wa:
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markislam
12-19-2009, 07:39 PM
what Abd-al Latif said makes sense
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'Abd-al Latif
12-19-2009, 09:07 PM
:salamext:

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.
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