Questions and AnswersCategory: QuestionsSharaii hukm for khula/talaq/talaq e rijaye
Muhammad Raza asked 4 weeks ago

Assalam Aleykum My question is. 1) My wife had left home in her anger and short temper and i had not asked her to leave. She left home without my consent and permission. Her sister and brother in law (sister’s husband) who is not mehram for my wife. She left with them and went to her parents home for the 2nd time. First time for 25 days (without husband’s consent and permission) then again which is 2nd time for 4 months+ now.

If i had not provided her naan nafqa for 2 months since she is not living with me in my home and not with me when i need to talk to my wife, she not here to take care of me when I feel sick and when i physically need my wife… she also went to ziarat iraq (last month) without the permission of husband ?
And no mehram (husband or Father) with her. She went on ziarat with her mother only.
Can wife go for ziarat without husband’s permission ??
And now wife has submitted dispute case and focing me to give divorce.
She left home in her own will and its 4 months and now the marriage is not likely to continue with whole heartedly.
When wife has left home herself then she should be taking khula herself and why i am forced to pay mehr when there is not my mistake in any of the doing?

Please guide

I follow Aqa Sistani Sahab in taqleed

1 Answers
mehdi Staff answered 4 weeks ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Based on your specific question and information provided.

If  your wife has initiated a dispute case with a Qualified Islamic Jurist. You can contact a Qualified Islamic Jurist to give you advice in Islamic legal contractual matters related to the terms and conditions of the Marriage Contract,  who is aware of ALL issues and can communicate with the wife or her representative ( Jurist ).

Regarding your question:

The Islamic Scholars have divided the Islamic teachings in three parts.Fundamental of Faith ( Belief / Aqidah), Islamic Ethics / Morals, and Islamic Law/ Fiqh / Jurisprudence. The “Institution of  Marriage” is covered by all three. The “Marriage Contract” is cover by Islamic Fiqh/ Jurisprudence.

Part of your question is regarding the institution of Marriage and the other is related to the “Marriage contract”. A Islamic Jurist(s) may give you general advice regarding the institution of Marriage.  However, his job is to look at the legality of the issue(s) and determine if there is a breach of Contract between two parties or if one party wants to dissolve the “contract” and  offer a Islamic resolution based on the terms and conditions of the Islamic “Marriage Contract”.

In regards to the purpose of life, Marriage and our conduct / Morals / Ethics and intentions we have general Qur’anic instructions and the lives of the Ahlul Bayth ( عليه السلام) as the guide for all believers. Once we go out of the bounds the Islamic law is the safety net ( The last resort ) which either keeps the Marriage Contract intact and brings parties to abide by it or provides a final solution based on the law. Consequences are owned by the Mukallaf ( the responsible party/parties ) not the law or the Jurists or anyone else. “No One” can force you or pressure you or create an environment to dissolve your Marriage. You and your wife have to do that out of your freewill with out any coercion.

 

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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