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In the Name of God بسم الله
Rayhana80

Divorce grounds

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6 hours ago, starlight said:

unless she stipulated so at the time of nikkah.

Even if she stipulated it in the contract, she would still need his permission to get the divorce.

Edited by Hassan-

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34 minutes ago, Hassan- said:

Even if she stipulated it in the contract, she would still need his permission to get the divorce.

Yes, she would but at least that would be valid grounds according to sharia.

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1 hour ago, Hassan- said:

Even if she stipulated it in the contract, she would still need his permission to get the divorce.

What do you mean by that? I had stipulated it in my contract and a scholar announced divorce because of that. Why cannot she get divorce if she has the right to divorce? Of course a woman is asking for divorce because she has aversion for her husband. Does she need to provide some proof that she has developed aversion for her husband? You people are making it sound like it is impossible unless husband wants to. Please tell me that my religion is not so cruel to women. Why do scholars have these rules on their websites if these rules don't mean anything and they can be changed for anyone. What's the point of giving right to divorce to wife if she still needs that psycho husband's permission? 

Edited by rkazmi33

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@rkazmi33 I think what he means is that husband has to consent to free the wife. If he is being unreasonable then things can be taken to a marjas's representative who has the authority to pronounce divorce without the husband's involvement or consent.

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1 minute ago, rkazmi33 said:

What do you mean by that? I had stipulated it in my contract and a scholar announced divorce because of that. Why cannot she get divorce if she has the right to divorce? Of course a woman is asking for divorce because she has aversion for her husband. Does she need to provide some proof that she has developed aversion for her husband? You people are making it sound like it is impossible unless husband wants to. Please tell me that my religion is not so cruel to women. 

It means if a husband violates the marriage contract, it would not be a valid reason in shari'a for the women to divorce him without his permission.

If the women has in her marriage contract that her husband is not allowed to marry another wife, but the husband violated this condition and went on to marry another women, the husband would be sinning and be punished by Allah. However, even if he sinned, his second marriage would still be valid and his first wife does not get the power to divorce him without his permission.

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9 minutes ago, starlight said:

@rkazmi33 I think what he means is that husband has to consent to free the wife. If he is being unreasonable then things can be taken to a marjas's representative who has the authority to pronounce divorce without the husband's involvement or consent.

Great! First it was any scholar who could pronounce divorce. Now it has to be a marja's representative.

Dear OP! I have some good news for you. If you live in a western country, you can get a civil divorce and also a restraining order against that psycho. 

Edited by rkazmi33

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1 hour ago, notme said:

Clearly you haven't read all the shiachat posts written by women stuck with a cruel man who won't divorce them.  If he has totally abandoned her for a long time - and by abandoned I mean no contact or financial support - she can petition a scholar to divorce her on his behalf. But no scholar will do that. 

For all practical purposes, a Muslim woman has no "right" to divorce under any circumstances. 

they get stuck because of our own lack of knowledge. At least the Nikah contract in Pakistan has a section that allows the woman to ask for khula but it gets crossed out by the maulanas and no one asks for it not to be crossed out.

So in theory, she has the right for khula but culturally it is not being handled right.

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2 minutes ago, rkazmi33 said:

First it was any scholar who could pronounce divorce. Now it has to be a marja's representative.

As far as I know, maybe other molanas can do it too. I am not sure of that.

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3 minutes ago, shiaman14 said:

At least the Nikah contract in Pakistan has a section that allows the woman to ask for khula but it gets crossed out by the maulanas a

That clause holds no value when it comes to a Shia divorce.

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5 minutes ago, starlight said:

As far as I know, maybe other molanas can do it too. I am not sure of that.

My divorce was pronounced by a scholar because of right to divorce and he said it is irrevocable divorce. I don't think he was a marja's representative. I panicked because I thought now I have to go ask the representative of Marja. 

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25 minutes ago, Hassan- said:

It means if a husband violates the marriage contract, it would not be a valid reason in shari'a for the women to divorce him without his permission.

If the women has in her marriage contract that her husband is not allowed to marry another wife, but the husband violated this condition and went on to marry another women, the husband would be sinning and be punished by Allah. However, even if he sinned, his second marriage would still be valid and his first wife does not get the power to divorce him without his permission.

I disagree.. I know a girl got divorced from her husband because he used to mistreat her and beat her up.. she left the house and asked for divorce .. he was reluctant so she went to maulanas where they sent him letters and people to come sit with them to resolve the issue, but he never showed up on those meetings.. eventually after couple of meetings and they finally told her it’s over and she is free to marry again. Her husband was being very selfish and unreasonable to her, he didn’t want to divorce her neither he apologized for his behavior to make the situation better. 

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17 minutes ago, Rayhana80 said:

I disagree.. I know a girl got divorced from her husband because he used to mistreat her and beat her up.. she left the house and asked for divorce .. he was reluctant so she went to maulanas where they sent him letters and people to come sit with them to resolve the issue, but he never showed up on those meetings.. eventually after couple of meetings and they finally told her it’s over and she is free to marry again. Her husband was being very selfish and unreasonable to her, he didn’t want to divorce her neither he apologized for his behavior to make the situation better. 

What you just said has nothing to do with what I said. I never said a women isn't allowed to divorce without husband's permission under any circumstances. A women can divorce her husband without his consent (with the permission of a shiekh) only if valid reasons in shari'a are met. What I was talking about is marriage contracts, where a husband violating a marriage contract is not a valid reason to divorce him without his permission.

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2 hours ago, Rayhana80 said:

I disagree.. I know a girl got divorced from her husband because he used to mistreat her and beat her up.. she left the house and asked for divorce .. he was reluctant so she went to maulanas where they sent him letters and people to come sit with them to resolve the issue, but he never showed up on those meetings.. eventually after couple of meetings and they finally told her it’s over and she is free to marry again. Her husband was being very selfish and unreasonable to her, he didn’t want to divorce her neither he apologized for his behavior to make the situation better. 

 

2 hours ago, Hassan- said:

What you just said has nothing to do with what I said. I never said a women isn't allowed to divorce without husband's permission under any circumstances. A women can divorce her husband without his consent (with the permission of a shiekh) only if valid reasons in shari'a are met. What I was talking about is marriage contracts, where a husband violating a marriage contract is not a valid reason to divorce him without his permission.

 

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.

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