A husband answers 'You have my permission' when his wife asks for divorce. Is it divorce?
Summary
A man in a marriage of about two and a half years, with frequent arguments, said 'You have my permission' whenever his wife asked for a divorce, and asked whether a divorce had taken place. The respected scholar Azhar Amin answered that, if those were the only words used and he did not intend a divorce, no divorce has occurred and the marriage remains valid. The answer cites classical Hanafi books for the principle that a divorce needs a recognised expression of divorce, and that a similar reply to a wife's request does not count. It also advises the couple to avoid talking or arguing about divorce so they do not regret it later. It does not cover different wording or a case where divorce was intended.
More marriage questions
After three divorces long ago, may the former wife keep living in his house, and does she have any claim to support or property?
A man said he gave his wife three written divorces about nineteen years ago, yet she still lives in his own house and refuses to leave, and he asked whether this is permissible, whether he must house or support her, and whether she has any right to his property. The respected scholar Muhammad Yaqoob Ali answered that three pronouncements end the marriage for good in the major category known as hurmat-e-mughallazah, so the written divorces took effect long ago. Once the waiting period is over she is legally a stranger to him, which means he owes her neither maintenance nor accommodation, and she gets no share in his property merely because of the former marriage. Her insistence on staying and claiming his property is therefore not permissible and she should stop. The answer rests on classical Hanafi works including Fatawa Hindiya and Badai al-Sanai, and it does not discuss his sons or any court procedure.
Read the full fatwa on OnlineFatawa.comThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
Would a nikah with a Christian woman who accepts his conditions be valid, and is it advisable?
A man asked whether his nikah would be valid with a woman from his workplace who was raised Buddhist, became Christian five years ago, and agrees to no alcohol or pork at home, halal food only and a Muslim upbringing for the children. The respected scholar known as the Ifta Research Fellow, with the answer checked by Mufti Abdul Rahman Mangera and Mufti Zubair Patel, replied that the nikah would be valid if she is Christian in her own belief and not merely through her parents, and that her earlier Buddhism does not change this. The answer adds that marrying a Christian woman while living in a non-Muslim country is makruh tahrimi, a grade it describes as close to haram. It warns that promises made before marriage can be hard to keep, for example the home may later drift on alcohol, and that couples often disagree about raising children once they arrive. It notes that if the couple separate the children may end up raised outside Islam, so it does not recommend this marriage.
Read the full fatwa on IslamQA.orgThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
Is it permissible to scatter dates over the guests at a nikah?
The asker wanted to know whether scattering dates over people at a nikah is permissible. Maulana Abid Attari Madani answered that it is permissible, citing a report that the Prophet had dates scattered at some marriages and that Imam Abu Hanifa saw no harm in the practice. The answer says taking the scattered items is fine when the host allows it, and notes that Ibn Abi Layla disliked it on analogy, a view the answer sets aside because of the reports and common custom. It adds two cautions: since nikahs are often held in mosques, doing it there would breach the mosque's etiquette, and dates should not be thrown where they will be trampled or wasted in drains or mud.
Read the full fatwa on FatwaQA.comThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
