Upgrad LLM

talaq e bain

Medical Technician

 

My Name is Raheel Iqbal Recently last week ie 27th June 2011 My Wife Named Afreen Naaz took qula with out any valid reason from my side Talaq e Bain is it correct from her side to take qula without any solid reason and she took my children also Elder one is 2 and half and Younger one is one year old, i pleaded her so many times not to take this kind of step and requested her parents also but they had not listened to me they incourage there daughter to take qula if i wont give her talaq, the reason was between both of us was i wanted my wife to be in purdah and not to talk or see strangers this was not acceptable to her she was ready to leave me instead of obeying me, from 3 months she was staying in her parents home and not ready to come home along with children, with forcefully she took qula and signatures of myself in presence of elders, I wanted to knw that is this Talaq E- Bain is valid or not why means i had not intention to give her qula or talaq she forcefully took this extreme step, and another this is that wht about my children will i can take my children Legally or not becoz i dont want my children to suffer from this situation but she is not willing to give my children wht islam says about this matter iam unable to live without my children and wife plz give me advise Iam from India Andhra Pradesh State City Hyderabad

looking for forward for ur kind reply

with regards

Raheel Iqbal
iqbal.raheel03@gmail.com
91+9848347326
As Saalam Alaikum    

 
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Branch incharge

Dear Rasheed,

A muslim woman can seek Khula from her husband without any reason as well but without husband consent she cannot avail the Khula

Muslim husband must accept the khula request to releave her otherwise khula is not valid

Muslim husband can demand return of Mehar and money or property to accept Khula

No one cant force her to live with you when she decided to seek khula then levae her but you can make condition on khula agreement that your children must stay with you otherwise you wouldnt accept the khula request

She dosent bother to accept/ follow the Allahs decision then how she will listen to you better accept the khula on the agreement that children will stay with you otherwise dont accept khula


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self employed

Haha! His only problem is "wanted my wife to be in purdah and not to talk or see strangers this was not acceptable to her" Marriage is not a prison. Women are human beings too. She is not an animal to be kept in a cage
 
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self employed

I am not a law expert, but I am sure there are some taliban-inspired laws to protect you

 
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@uma ji,sry to dissent ur advice as wl as ur thought....if a muslim want to be in veil or wanna keep his women in veil then i dnt think she/he is inspired by taliban law...wht is a taliban law??nthing bfre a true muslim coz evry muslim is bound to follow the quran and sunnah only....................would you like to answer me that why a nun covered her whole body??please dont tell me that she is also inspired by taliban law.............and yeah a women is not an animal thats why islam has given lots of rights to her before 1400yrs and you can see one of the good example of those rights here only..A woman can ask for khula to her husband without any reason and according to quran and sunnah husband is bound to give her khula without any term and condition and if he is doing so then he is against the sunnah and quran..............................so my humbly request to you please think once before you say anything publicaly.... Thanx and regards,
 
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uma ji,pl dnt take my wrds othrwise coz my intention is nt bad or hurts u bt wanna try to clear a pic bfre u...dnt knw hw much i succeed here bt one day inshallah i vl.........regards,
 
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@raheel:mr raheel accordng to mohammedan law as wl as indian law,rite nw u cnt take custody of ur children coz yet they r vry young,so pl leave them fr a certain time with their mother............. Thanx n regards,
 
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nd yeah mr raheel,dnt try to keep any term and condition bfre her coz i dnt think its wrk bt u r against d sunnah nd quran also by kpng t n c fr fulfils ur wish...regards,

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Hi Raheel.  As per my knowledge, it's very essential for us to know are you a shia or sunni, before giving any suggestion.  Bcz, under mohammadan law, among shias free consent is required to make khula a valid one.  But among hanafi muslims, khula taken under compulsion will also become valid.  You told that your wife has taken your consent (Signature)) forcefully.  But the law says, a muslim wife can take khula but she has to make the payment of some consideration to husband as she takes the initiative for dissolution of marriage.  So have you given your consent after taking any consideration from your wife?  Because any offer of khula must be accepted with the consideration (evaz) for the release.  

But the reason which you have given here for the khula  is not a satisfactory one in my opinion.  If you really want to live with your wife and children, then i think, you can make some adjustments with your wife right?? Please think again about the conditions which you have imposed on your wife.  At present everywhere we can witness people speaking about women empowerment, rights, freedoms, etc.  In this kind of situation, how you can expect your wife to be within purdah all the time and to not to even see/speak with strangers??  Don't you trust your wife?? She is your better half.  Plz try to respect her feelings and freedoms.  Even among muslims, i have seen husbands respecting their wives and now a days people are coming out of such restrictions, customary compulsions.  Hope you will not take me in a wrong way and try to understand your wife.

 

As per mohammadan law, among hanafi muslims, mother can have the custody of her children , in case of son, till his 7 years, in case of daughter, till she attains age of puberty i.e, 15 years.  It varies in case of shias.  Any how as per the age you have mentioned above, the children can be with their mother right now and you can't claim their custody as they are of tender age.  

Hope this reply will help you.  All the very best.  I hope you will change your mind and get back your wife. Good luck

 

with regards, 

 


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FIN

Ms. Jyothi has given a balanced and sound advice.Marriage should be saved.Elders can play a very vital role.

 
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