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dinkycar
04-08-2011, 05:14 PM
Salam

Here is the situation:

This is a Complex ad embarrassing situation and need your advice.
I am male did Nikha in may 2010 with a Mahr of 25000 plus Hajj. Right after the first day of Marriage we were getting along but there was no Physical relationship as wife was uncomfortable. so i respected her boundaries. slowly there was some domestic disturbances and soon evolved into arguments. this went on for 5 months. The arguments were unbearable and was disturbing my domestic life. Arguments with me and arguments with my mother. When wife traveled to her homeland to get her certification for her degree and was staying at her mother’s house, i decided that i want to separate and end the marriage.
Now the situation gets a 360degree turn, she returned to my house without any notice and called the cops. that me and my mother are giving her death threats. we were kicked out of the house after 2 hrs due to her court order.
She got restraining orders against us and the judge granted her sole bearer of the house till further notice.
Later the charges were dropped for the restraining order, as she was not found not creditable by the judge. also during the hearing I found out that she was married before me and finalized her divorce 12 days ago before my nikkha wit her. She was separated from her husband 2 years ago.

Me and my mother are still living somewhere else, as we can not enter the house till further notice till the second hearing. Due to this i have lost my income and affect me greatly financially.

She is still a Virgin, did have married after 12 days of her Khula was finalized.
Now she wants the Mahr plus Hajj. Totaling up to 30000

What is you advise on this? Please feel free to ask me question?
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Alpha Dude
04-08-2011, 08:36 PM
Wa alaykum salam,

Assuming the allegations of death threats were false, if I was you, I'd leave this woman. Someone who would stoop to such a low level should not be put up with.
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dinkycar
04-12-2011, 03:27 AM
any advise guys what shall i do. as the divorse is getting finalized , does she get a Mahr in ths case?
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Ramadhan
04-12-2011, 10:32 AM
I have just opened my fiqh course material, and it says that in the case of divorce where the marriage has not been consummated, the mahr is divided 50% for the wife and 50% for the husband.
Unfortunately it does not give the source how it arrives on that point.

Another thing is, if you may be able to prove that the marriage was not valid because she got married with you 12 days after she got divorced. Islamically, the marriage is not valid, because she has to wait for 3 iddah periods before allowed to re-marry. Hence, your marriage is not valid according to Islam so you don't need to pay her mahr.
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Ansariyah
04-12-2011, 05:36 PM
Islamically, the marriage is not valid, because she has to wait for 3 iddah periods before allowed to re-marry. Hence, your marriage is not valid according to Islam so you don't need to pay her mahr.
^Thats exactly wat I was thinking. But if they havent consumated the marriage, is she still suppose to wait 3 months? Still that doesnt make it ok to not be honest about her previous marriage and to get married before her Iddah finished. I'm not an Imam or a Scholar, but I dont believe that shes entitled to that mahr.

Do speak with an Imam or a scholar so u know u are doing the right thing.

How come u knew so lil about this woman but yet u married her anyway?
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dinkycar
04-12-2011, 06:46 PM
format_quote Originally Posted by Yanoorah
^Thats exactly wat I was thinking. But if they havent consumated the marriage, is she still suppose to wait 3 months? Still that doesnt make it ok to not be honest about her previous marriage and to get married before her Iddah finished. I'm not an Imam or a Scholar, but I dont believe that shes entitled to that mahr.

Do speak with an Imam or a scholar so u know u are doing the right thing.

How come u knew so lil about this woman but yet u married her anyway?
I met her on online dating site, i took her word to be honest, and she being a Dr by profession you are mostly likely to believe what they say. So yes i was very gullible. What she told me was "she was marred 2 years ago and took divorce after 10days of her marriage."(Which is a complete lie). she was in need of a home so like a gentlemen i was like ok i will be ur guardian
is there an Imam in your knowledge that can guide me.
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