Questions and AnswersCategory: QuestionsIslamic divorce vs US divorce
Khurram Abbas asked 3 weeks ago

My wife says she does not want to divorce me in Islam. Rather only legally because she wants me to divorce her islamically so I will owe her mehr is that true even though I don’t want divorce she filed for divorce under US law first,  but islamically she wants me to divorce her because she says it’s her right by Allah and I would owe her mehr is that true and she is not willing to divorce me Islamically, and she does not want to live together until she has make up her mind about me, and she never gives me a straight answer as to the timeframe on that.  It could be months or years, and I feel we are not going to get along having been divorced legally and to her that is a way of having power and choice according to her she can choose to leave whenever without being tied down if we were to get together again.  I mentioned that ok I am willing to wait until couple of months realistically until December, and then I have to move on with my life and find someone else to live the rest of my life, so since she gave me legal divorce I want her to give me Islamic divorce as well, and she says no to giving me Islamic divorce as well as remarrying and according to her if I want I can give her Islamic divorce and I will owe her mehr, and that is her right.

1 Answers
mehdi Staff answered 3 weeks ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

We need to hear from both of you. Kindly, contact us in person if you are in our area or a Qualified Islamic Jurist who has  the authority and experience in handling these sensitive cases.

We can give you general advice regarding some of the issues mentioned: As far as the Islamic Marriage Contract is concerned, you both are still bound by the terms and the conditions of the Islamic Marriage contract. Permission / Consent of the first wife in not required for second marriage.  “No One” can force you or pressure you or create an environment to dissolve your Marriage Contract. There are different types of divorce, and it is decided by the parties to the Marriage contract, which is best for them out of their free will without coercion. Depending on the type of divorce, the rules are different.

 

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ {21}

Surah 30:21: And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you Mutual love and compassion / Mercy; most surely there are signs in this for a people who reflect.

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا إِنْ يُرِيدَا إِصْلَاحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَا ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا خَبِيرًا {35}

Surah 4: 35: And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.

والله العالم‎
(and Allah(awj) Knows best)
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