Category: Divorce
Fatwa#: 23369
Asked Country: Bangladesh

Answered Date: Nov 29,2012

Title: The concept of Taweedh al-Talaak.

Question

Assalamualikum. I wanted to know about Divorce and Mahr in Islamic perspective. My wife send me a notice mentioning that she divorce her own fate as she is unable to continue the relationship with me due to lack of understanding. I tried my best by myself along with my family members to get her back my house and assured to keep her as she wants but it was not possible for me. Few day back she send the notice addressing local city corporation. My question is whether the divorce is executed or not because I did not get any call from city corporation. Is a woman can divorce a man in Islam? In my nikahnama I can see there is a option for wife to give divorce if her husband is unable to continue her food,cloting etc. My last query, in that case should I give the Mahr though she has the gold what was given in the marriage.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You state that in your Nikaahnamah (Nikaah certificate), the wife has an option to divorce her husband. In order for us to determine the validity of her exercising the right of divorce given to her, kindly forward the copy of her Nikaah certificate to us if it is in English. If it is in your local language, translate the actual statement of Tafweedh al-Talaak (Autonomy of Talaak) and forward it to us.

It is advisable that you refer your issue to a local Mufti who is known by the Ulama for his competence for a Fatwaa.[1]

And Allah Ta’āla Knows Best                                       

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai



   الحيلة الناجزة للشيخ اشرف علي التهانوي (ص 19- 28، الاشاعة)[1]

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.