Fatwa: # 17541
Category: Divorce (Talaaq)
Country: United States
Date: 18th February 2009

Title

Does the Imam have the right to tell the husband to get rid of his wife?

Question

my question is that imam of my masjid have right or authority to tell husband to get rid of wife i.e mean talak,with out listening both of there problem right in front of him ,i went to imam with my problem with my husband's nature' so he can talk both of us and try to solve or help .but he just listen to us separately since my husband don't want to go with me i don't know wether heis shame of community people knowing our problem.instead my husband was telling me that imam told what ever my husband doing i.e is going to job come back home watch tv late night ,wake up late in morning not helping with kids ,home work, comment of my physical appearance,is doing husband job,and me wife is not doing wife job. one more question if a men tells his wife i.e he got married or had nikah at masjid to this lady and she is 2nd wife.As a 1st wife does she has a right to go masjid and ask the person at masjib to show the proof of nikah or paper performed at nikah please thisis important ,

Answer

In the name of Allah, Most Gracious, Most Merciful

 Assalaamu `alaykum waRahmatullahi Wabarakatuh  

Your question is unclear. There are many ways in addressing marital problems. The social worker or Imaam may apply his discretion on the best possible way of handling the problem when the parties are in front of him. There is no set procedure in handling marital problems. They differ from case to case.

Secondly, the wife should enquire from the husband directly if he has taken a second wife. Instead of going around and finding out of his marriage confront him directly and express your concerns over him taking another wife. In this way you will be able to circumvent many evils and save your marriage from ruin. Going to the Musjid and enquiring from others will upset him more and jeopardize your future.

And Allah knows best

Wassalam u Alaikum

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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