Category: Rulings of Divorce

Various Scholars

Various Scholars

Fatawa Since 2014-01-07

Divorcing a woman during her menses

Is it permissible to issue a pronouncement of divorce on a woman during her menses? Is such a divorce valid?

Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh It is an act of disobedience and an unlawful innovation for a man to divorce a woman during her menses. Such an act is in direct contradiction to the Prophet’s teachings. The Prophet ... Continue Reading
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Various Scholars

Various Scholars

Fatawa Since 2014-01-07

Judge can nullify marriage in a case where the husband refuses to comply

If a woman wants a khul` separation because of her husband’s neglect and bad treatment, and he refuses to grant her request, can the judge force him to grant her a khul`?
 

Sheikh Hânî al-Jubayr, judge at the Jeddah Supreme Court A khul` separation takes place by agreement between the husband and the wife. However, if a woman’s life with her husband becomes unbearable for some reason and her husband refuses to divorce her willingly or accept a ... Continue Reading
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Islam Q&A

Islam Q&A

Fatawa Since 2013-01-28

Is a Christian woman required to observe ‘iddah?

I am a young Algerian man married to a foreign Christian woman who has an inclination towards Islam. But Allah has willed that we should separate. My question is: is the kitaabi (Jewish or Christian) woman required to observe ‘iddah and do I have to impose it on her if she refuses to observe ‘iddah? There is a second problem, which is that I am living in her house and I do not have any other accommodation to go to. What is the Islamic ruling concerning that?.

Praise be to Allaah. Firstly: The kitaabi (Jewish or Christian) wife should observe ‘iddah following divorce or death of the husband, just like the Muslim woman. It says in al-Mawsoo‘ah al-Fiqhiyyah (29/336): The Hanafis, Maalikis, Shaafa‘is and Hanbalis, as well as ... Continue Reading
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