Category: Marriage
Fatwa#: 25666
Asked Country: Virgin Islands

Answered Date: Jun 03,2013

Title: Marriage Question

Question

As-salâmu 'alaykum wa rahmatullâhi wa barakâtuhu,

Shaykh,

I pray you are in the best of Iman, health and wealth.

I am hoping you can assist me with a problem that my family are facing.

A few months ago my sister got married to a brother .

The Nikkah was done instead of the 'traditional' engagement party.

My sister is still living with us and has not moved in with her husband.

The intention was the wedding parties would take place immediately after Ramadan and that’s when my sister would move.

Unfortunately the marriage has hit crisis despite the fact that they are not living together and have not lived together.

We have attempted to meet up with the families but to be frank they are not inetersted in meeting to even try and resolve this, my sister has since learnt a few things about the brother which could potential cause issues in the marriage (I won't go into these as I personally have no evidence and do not wish to back bite about anyone).

My sister is 30 and the brother is 35ish so both are mature adults.

Both have agreed to go their seperate ways and the brother is willing to give a divorce.

The brother has been to our house a few times with his family and alone since the Nikkah has been done.

My sister has spent time alone with the brother (eg going to dinner).

The marriage has not been consummated but from what I know they have been alone be in in the car togther or dinner etc.

The decision to separate has been mutually agreed I'm just wondering what we need to be aware of?

What is the best way to proceed? how should the divroce been done? all 3 at same time written? or over 3 months etc ? what is best for us to do?

Is the Iddah relevant in this scenario?

If the Iddah is relevant (my sister works) from your experience what is the best thing to do?

Any paperwork I need I can arrange via the masjid, I am seeking your advice Shaykh on this matter.

Answer

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

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

If the husband and wife are confident that the marriage is not working out, then their decision to separate is correct. The husband should issue his wife one Talaaqe- Ba’in (irrevocable divorce). The wife should observe her Iddat of three menstrual cycles or three months if she does not experience menses.

If your sister has no source of income, then she may leave the home to work and return home immediately after work.

And Allah Ta’āla Knows Best                                       

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

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