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Divorce: marriage questions answered by scholars

This topic has 2 questions. Each is a short summary of a qualified scholar’s answer, with a link to the full fatwa.

About this topic

Talaq is the Arabic word for a divorce given by the husband. A marriage can also end through khula, where the wife asks for a separation, often in return for giving back her mahr or part of it, or through a dissolution by a court or another qualified authority. After a divorce the wife observes an iddah, a waiting period, before she may remarry, and some rights and duties continue during it.

Because the words used, the number of divorces pronounced and the circumstances can all change the outcome, divorce questions are among the most detailed that scholars receive. People commonly ask whether certain words count as a divorce, what follows one, two or three pronouncements, where a divorced wife should live during her iddah, and how khula works. These matters have real and lasting consequences, so treat the summaries below only as a starting point: read the full answer at its source and speak to a qualified scholar or a Darul Iftaa about any actual case.

Questions and answers

  • 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.

    Answered by Muhammad Yaqoob Ali, Darul Ifta Jamia Binoria AalamiaFatwa #100332Summarised on Nikkup

    Read the full fatwa on OnlineFatawa.comOpen this question on its own page

  • A husband answers 'You have my permission' when his wife asks for divorce. Is it divorce?

    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.

    Answered by Azhar Amin, Darul Ifta Jamia Binoria AalamiaFatwa #99452Summarised on Nikkup

    Read the full fatwa on OnlineFatawa.comOpen this question on its own page

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