FAQ

Frequently Asked Questions faq_img_03+copy

 

Can I divorce my wife?

This needs to be clarified in detail. In essence, Allah has given the right to the husband to divorce his wife as a principal. However, a divorce without a need should not be practised as the Prophet of Allah (peace be upon him) said, “The most disliked halal to Allah is a divorce”. There are circumstances which may necessitate for a divorce to take place but otherwise a person should seek other avenues to try to resolve whatever is causing disruption in his marriage.
Many a times we have seen couples file for a divorce in rage and anger without seeking Islamic advice prior to giving a divorce. Once they have calmed down, they regret taking such drastic actions and wished they had sought counselling or mediation from a third party. Hence, the ISC always encourages couples to first try seeking mediation and if things still do not work out then as a last resort apply for divorce.

The other spectrum to this is a man who cannot maintain a healthy relationship with his wife and leaves her hanging. They need to fear Allah of their accountability on the Day of Judgment as Allah said in the Quran;

“O you who believe! Fulfil your covenants” [5:1]

And as the Prophet of Allah (peace be upon him) said;

“Everyone of you is a sheppard and shall be asked about their flock. A man is a Sheppard in his family and he will be questioned about them”

If you have sought all these measures and no progression has been made then in order to apply for an Islamic divorce please fill out the form.

Can I divorce my husband?

A man has been given a right to give talaq and the wife also has a right to apply for khula. Just as the man is in sin to give a talaq without a need, similarly, a woman to ask for khula without a need is haram as indicated by the Prophet (peace be upon him);

“Any woman who seeks a divorce from her husband without a need then she will not smell the fragrance of Paradise”

We have seen many a time where sisters apply for khula and once they have been granted the khula, they realise their haste and ask us whether they can reconcile with their husbands or not. Therefore, we encourage sisters to seek mediation or counselling before applying for khula.
We also understand that some cases do necessitate khula, but as a general advice to Muslim couples, divorce/khula should be the last resort. As for seeking an Islamic khula then in order to apply for an Islamic divorce please fill out the form.

IDDAT

  • In a case of Khul’a where the husband has conceded to grant Khul’a the Iddat period of a woman is for to wait until her first monthly cycle is over.
  • In all other cases, she has to wait until her third monthly cycle is over.
  • If a woman is non-mensurant she has to wait for three lunar months.
  • She is required not to contract any marriage during her Iddat period. In case she remarries during the Iddat period her marriage will be considered as invalid.

RUJU’

The right of Husband to take his wife back (Ruju’)

  • If the Talaq is the first or the second, while the wife is still in her waiting period (know as Iddat).
  • If it is the husband who instigated the divorce without asking any consideration from the wife.
  • If the divorce was not the result of a court judgement.

I am having problems in my marriage, what can I do?

The Islamic Sharia Council offers marriage counselling services. We ask for both couples to agree to come to our counseling sessions. We do not intervene by asking either of the parties to attend these sessions, both must mutually agree to attend. The main intend of these sessions is to;

  • identify the problems
  • formulate an action plan
  • implementation of this plan

These sessions will only work if the couple agree and are willing to make their marriage work. Half hearted intentions will only waste our time and your time. In order to book a session, please call our office to arrange an appointment.

I have a business and want to know the Islamic guidelines?

There are two aspects;

  • If they require general Islamic guidelines only
  • If there is a dispute and they wish to resolve it through Islamic medium and both are willing to accept ISC as an arbitrator then under the Arbitration Act 1996, we can facilitate arbitration in such matters.

You will need to email a brief description of the dispute to question@islamic-sharia.org and will be advised how to make an appointment.

I have an Islamic question, can I ask the council?

You will need to email question@islamic-sharia.org or call our offices. However, some questions require a face-to-face meeting for which an appointment will be requested.

I would like to know Islamic guidelines in making a will, what can I do?

You will need to email question@islamic-sharia.org or call our offices. However, some questions require a face-to-face meeting for which an appointment will be requested.

We have a family inheritance/business dispute can we get Islamic guidelines?

In all disputes we require all/as many concerned parties to agree to use ISC for mediation. Please send a brief email about the dispute to question@islamic-sharia.org and further advice will be given. We have a family inheritance/business dispute can we get Islamic guidelines?
In all disputes we require all/as many concerned parties to agree to use ISC for mediation. Please send a brief email about the dispute to question@islamic-sharia.org and further advice will be given.

My husband is not treating me well, can someone from the council contact him?

Marriage is a sensitive matter. Sometimes external interferences can cause more disruption than their help. However, sometimes, when a couple is in a dispute or a problem, it blinds them to their mistakes and it requires a neutral person to resolve their differences. The ISC offers mediation provided that both couples are willing to come.

I have found a proposal but my family is not agreeing what can I do?

This is a common scenario faced by many Muslim sisters from different backgrounds. From our experience, we have seen that when a proposal comes, the sister becomes attached to him (the proposer) emotionally and prepares to sacrifice her entire family for him. Many a time, she goes on to marry the person without her family approval/support, and once there are problems in the marriage she has no family support. This causes more harm than the initial struggle to marry him.

Islam focuses on the welfare of the women and also acknowledges the differences in cultures and customs. At the same time Allah has created us in different colour and nations in order for us to integrate and recognise each other. As the Messenger of Allah (peace be upon him) said in his last sermon: “No Arab has supremacy over a non-Arab, nor a white over a black”.
There is no racism or nationalism in Islam. Everyone is equal in the sight of Allah and the criterion of one’s excellence over another is measured according to their fear of Allah.

The Islamic criterion for a good proposal is indicated in the prophetic tradition;
“If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread corruption.”

We have seen that many Muslim families do not adhere to these guidelines and forget the fact that Allah has sent Muhammed (Peace be upon him) for the betterment of society in all social aspects which includes marriage.

At the same time the Prophet of Allah emphasised on the importance of the fathers consent in numerous narrations such as “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad

We have seen many Imams conducting marriages without speaking to the families of the sisters. Once the family finds out of such marriage it enrages them and she loses her dignity in the family and in some cases disowned. Such people ignore the integrity of family ties by allowing her to step outside the boundaries set by Islam and her family. In fact this encourages vulnerable women of young age who are in a non-halal relationship or even those who do not know what is in their best interest to get married without their father intervening and getting to know the person before giving his daughter away to him. This helps to prevent broken marriages and to maintain good family structure.

If however, the father is being unreasonable then Islam provides a solution through intervention by an Islamic scholar. The Islamic Sharia council provides intervention by speaking to the fathers based upon the information given to us by the sister. This however does not mean that every case will be successful, rather it will be based upon the response from the father and whether his reasons for objection are valid Islamically or not.

To initiate intervention, please download the “wali change application form”
I have found a proposal but my family is not agreeing what can I do?

This is a common scenario faced by many Muslim sisters from different backgrounds. From our experience, we have seen that when a proposal comes, the sister becomes attached to him (the proposer) emotionally and prepares to sacrifice her entire family for him. Many a time, she goes on to marry the person without her family approval/support, and once there are problems in the marriage she has no family support. This causes more harm than the initial struggle to marry him.

Islam focuses on the welfare of the women and also acknowledges the differences in cultures and customs. At the same time Allah has created us in different colour and nations in order for us to integrate and recognize each other. As the Messenger of Allah (peace be upon him) said in his last sermon: “No Arab has supremacy over a non-Arab, nor a white over a black”.
There is no racism or nationalism in Islam. Everyone is equal in the sight of Allah and the criterion of one’s excellence over another is measured according to their fear of Allah.

The Islamic criterion for a good proposal is indicated in the prophetic tradition;
“If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread corruption.”

We have seen that many Muslim families do not adhere to these guidelines and forget the fact that Allah has sent Muhammed (Peace be upon him) for the betterment of society in all social aspects which includes marriage.

At the same time the Prophet of Allah emphasised on the importance of the fathers consent in numerous narrations such as “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad

We have seen many Imams conducting marriages without speaking to the families of the sisters. Once the family finds out of such marriage it enrages them and she loses her dignity in the family and in some cases disowned. Such people ignore the integrity of family ties by allowing her to step outside the boundaries set by Islam and her family. In fact this encourages vulnerable women of young age who are in a non-halal relationship or even those who do not know what is in their best interest to get married without their father intervening and getting to know the person before giving his daughter away to him. This helps to prevent broken marriages and to maintain good family structure.

If however, the father is being unreasonable then Islam provides a solution through intervention by an Islamic scholar. The Islamic Sharia council provides intervention by speaking to the fathers based upon the information given to us by the sister. This however does not mean that every case will be successful; rather it will be based upon the response from the father and whether his reasons for objection are valid Islamically or not.

To initiate intervention, please download the “wali change application form”

 

 

 

 

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