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In the Name of God بسم الله

shouzan

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Everything posted by shouzan

  1. She would be pronouncing divorce on behalf of her husband for herself. she would have the right to do so because she was given power or attorney by her husband in their nikah contract. by a husband agreeing to this condition in the contract he than gives the right to Talaq when she choses to, on her husbands behalf, therefore she requires NO reason or explanation for the divorce. It would be just as if Her husband himself had done it himself. @Rayhana80
  2. I want to say this just to make it very simple for everyone- IF someone makes effort to hide something they KNOW it is wrong. He hid the second wife for years because he knew he was doing the incorrect thing and mistreating you by doing so. Men can be rather selfish and even though he might not want you he won't divorce you simple because he doesn't want anyone else to have you. Go ASAP to sheik or scholar and explain the situation and ask him for a divorce. that woman is a snake tbh and they both deserve to make each other miserable.
  3. Two leading Shia Scholars stated a woman can be given power of attorney by her husband to Talaq (Divorce) in the Nikah contract it is Valid and legal no mater if you live in a western country or islamic country. Nikah contracts are legally binding!
  4. The husband does not need to put such a condition in the contract because he already has that right by default, unless he does something against the shari'a that gives the wife the right to divorce him without his consent. No, you can't. Please provide a fatwa from a marja' to prove your claim. Here is a fatwa from Imam Khamenei: Please find in BOLD you clearly state a woman can't include a husband giving her permission to divorce. furthermore you state "The husband can give his wife power of attorney to divorce herself on his behalf IF HE DOESNT NOT ABIDE by one of the terms mentioned within the marriage contract." taking that into account i can only conclude that you believe a woman can ONLY divorce her husband (If power of attorney was given via Nikah contact) if he breaks a condition in the marriage contract. This is not what the two scholars were saying. If a man gives his wife power to Talaq she can do so for whatever reason she deems as reason. Just as a man can preform Talaq for whatever reason he deems fit. ie. this condition if placed into a marriage contract than gives the power of Talaq to the wife and she holds that power to divorce as she choses.
  5. If you bothered to read the original post you will find my clear questions to the scholars. and therefore see that i was asking "can husband give a woman the right to divorce in the nikah contract" i am not sure where your confession came from but i am clearly speaking in regards to if it was a condition in the nikah contract than yes a woman has the right to divorce without permission of her husband.
  6. @Hassan- In Islamic law, a wakīl (وكيل), in older literature vakeel, is a deputy, delegate or agent who acts on behalf of a principal. It can refer to an attorney, a diplomat or the custodian of a mosque or religious order. Therefore it is power of attorney.
  7. You can WhatsApp Grand ayatollah makarem shirazis fatwa at +98 937 300 6220 and twitter to message Sayyid Ali Hosseini Khamenei @khamenei_ir He also has an email so you can email your questions directly contact@leader.ir I hope that helps.
  8. I messaged them about two different subjects in the forum, therefore i posted the same to both. Both said a woman can have the rights to divorce, not the right to ask for a divorce with husbands permission. Both were very clear in their answer. if put into the Nikah contract a woman CAN DIVORCE without a husbands permission because her husband basically signed power or attorney over to his wife to preform Talaq. So if you want to argue about what scholars have said thats fine but you have nothing to support your statement there than your clearly bias opinion and lack of religious understanding.
  9. lol sorry i messaged them regarding two different subjects in the forum and i posted it and linked it to whomever was active in the post. and I appreciate you respecting a first wives opinion when it comes to taking a second wife. Some men believe it is their right and their wives feelings have nothing do with it.
  10. Consider crimes all over the world, it is NOT the persons intentions behind the action it is how action effects individuals. So even if your MIL has the "best intentions" with her backbiting it actually has affected you mentally and made you uncomfortable as a person. I suggest you discuss your feelings about everything with your husband first before this meeting. Than he can be your backup and support during this family meeting. It is hard for people to accept the fault and responsibility for their own actions. and yes she will make drama and play victim, but DONT let this erase your feelings regarding how her actions and words have made you feel. He chose you as HIS wife. Your MIL has nothing to do with your marriage. Be Strong!
  11. Okay @starlight , @shiaman14 , @Hassan- , @rkazmi33 , and @Rayhana80 i took this subject directly to two scholars. You may know them, Sayyid Ali Hosseini Khamenei and Grand Ayatollah Makarem Shirazis Fatwa. It took them a long time to reply however i believe this should solve this debate on the current subject. I sent them: "Salam Alaikum, I have a question about Nikah conditions, Can a Nikah Contract have a condition about a husband not taking a second wife? and can one include a woman right to divorce for good reason? Thank you." Both replied similarly however i will quote the reply from Sayyid Ali Hosseini Khamenei for the purpose of exact wording: "Wa Alaykum Assalaam. 1- It can be a specific condition stipulated in the marriage contract. 2- The man can make the woman his representative (wakeel) to perform Talaq". In short yes a woman can have the right to divorce if it was put into the Nikah Contract also a woman can actually include that a husband not have the ability to take a second wife. As the conditions in the nikah contract are binding they are legal. This is supported by two leading shia scholars. I REST MY CASE! *Drops Mic
  12. Okay @IbnSina and @Rayhana80 i took this subject directly to two scholars. You may know them, Sayyid Ali Hosseini Khamenei and Grand Ayatollah Makarem Shirazis Fatwa. It took them a long time to reply however i believe this should solve this debate on the current subject. I sent them: "Salam Alaikum, I have a question about Nikah conditions, Can a Nikah Contract have a condition about a husband not taking a second wife? and can one include a woman right to divorce for good reason? Thank you." Both replied similarly however i will quote the reply from Sayyid Ali Hosseini Khamenei for the purpose of exact wording: "Wa Alaykum Assalaam. 1- It can be a specific condition stipulated in the marriage contract. 2- The man can make the woman his representative (wakeel) to perform Talaq". In short yes a woman can have the right to divorce if it was put into the Nikah Contract also a woman can actually include that a husband not have the ability to take a second wife. As the conditions in the nikah contract are binding they are legal. This is supported by two leading shia scholars. I REST MY CASE! *Drops Mic
  13. Im sorry everyone but has any of you males here actually been married? seems you guys don't really understand how complicated females are. We require a lot of attention and the mood swings don't even get me started, especially while pregnant. We are great wonderful and amazing but if you think for a second you can be "just" to two or more wives without being rich you are mistaken. Children cost money and are not free, have you considered the cost of diapers for how fast children grow, constantly needing to buy new clothes and shoes, the newest gadgets and toys. Oh and did i mention the cost of maintaining two homes and cars and each wives personal needs. Like honestly good luck with the headache you men bring upon yourselves with this. let me know how it goes.
  14. I feel you but there is no limit or condition to the amount of children i can have in the Quran. However there is a condition in there about taking more than one wife which it is also stated in later surah that it is impossible.
  15. Well if it is impossible than that rests my case if you can not treat and love your wives equally than you can't marry multiple!
  16. 4:129 وَلَن تَسْتَطِيعُوا أَن تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ ۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ ۚ وَإِن تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا And you will never be able to be equal between wives, even if you should strive. So do not incline completely and leave another hanging. And if you amend and fear Allah - then indeed, Allah is ever Forgiving and Merciful.
  17. I agree, If you don't plan to love and dedicate yourself to your one and only wife, do Nikah Mutah.
  18. You Go Girl! honestly i agree, in order to get my divorce i had to prove abuse, because in front of everyone he was without fault. He told our community i suffered mental problems and wasn't in my own mind. So i got my old phone and put it on record and set it to the side every day. Just recording our day to day interactions. There was so much evidence in those recordings that i was granted my divorce and Sole Custody of our children, and CLEAN mental heath assessment. He in fact can't even come near me or them at this point unless i give my permission and have someone there to supervise. He now loves far far away from us and i have been happily raising my children. I am engaged and will defiantly be very smart about the conditions in my Nikah. Blackmail is smart!
  19. Abuse is wrong but without money how can a woman even consider packing a bag taking her children(if any) and walking out the door. However i do agree with your point. I also agree that if power of divorce is put in the nikah contract a woman does have the right to file as long as its for a proper reason. and YES that means getting a second wife without asking the first wife or ignoring her protect against a second wife.
  20. The point of having a husband is not as a bank account, its to have someone to love, grow and spend your life with. And to be honest i like having my own money and my own ability to spend it where and when i chose. What kind of a person doesn't like buying the person they love a birthday or anniversary gift? I live in Canada, therefore i can file for divorce if i chose to. Again i speak from my own experience in CANADA. Though, the wife does not have a right to pronounce Talaq unless such a power is delegated to her by her husband at the time of contracting marriage, all the same she is given a right to seek divorce through intervention of the court on the grounds pleaded by her, or by mutual consent on the terms agreed by the parties.
  21. of course i completely agree i defiantly wasn't asking women support themselves and their children. i am saying that a husband should provide for his family and wife, but the wife can have her own finances separately from her husband. I have savings accounts for each of my children and one for myself this is a smart way to protect yourself as a woman from any kind of financial abuse (and yes it is an actual type of abuse) or control. a Man SHOULD provide for his family! but a woman can provide things for herself too. and its actually great to be able to go out and buy ur husband a nice watch or new iPhone using your own money instead of spending his.
  22. To Both of you, My Nikah contract made it impossible for me to divorce unless my husband asked. Because this was a condition he put into the contract with my father and i was not aware. However i took him to civil court and was granted a full Divorce.You can include a woman can file for divorce into a nikah contract . If a husband Violates the Nikah contract it does make the contract invalid. For example if Mahr isn't paid the marriage is voided. the OP needs to stop sleeping with her husband and file for divorce based on irreconcilable difference. Be smart ladies with your Nikah contracts and take control over your own life, thats why property should be in wife name for her and the children, a wife should even strive to make her own business or find a nice job and have her own savings and finances because she is her own person not an extension of her husband. Think of Khadija Bint Khuwaylid she was a very successful business woman before and during her marriage to the Prophet Mohammed.
  23. the responsibility of a future daughter not wearing hijab comes down to the Daughter, NOT ANYONE ELSE! Allah does not judge us on others actions. There are also plenty of Daughters who's mothers do wear Hijab and yet they do not! do again it is the woman INDIVIDUAL choice what she wants to wear. Unless you also feel women are not equal to men and therefore shouldn't be given a choice. Do you also feel girls should not be educated past elementary? Women going out to do normal activities without a husbands permission? what are your thoughts on this matter since: وَبُيُوتُهُنَّ خَيْرٌ لَهُن “…even though their houses are better for them” Do women not deserve the same equal treatment and responsibilities as men?
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