Islam: Questions And Answers - Jurisprudence and Islamic Rulings: Transactions - Part 5

331 Pages·2007·2.28 MB·English

by  Muhammad

ISLAM: QUESTIONS AND ANSWERS
Jurisprudence and
Islamic Rulings:
Transactions - Part 5
Volume 26 of a Series of Islamic Books
by
Muhammad Saed Abdul-Rahman
i
Islam: Questions And Answers
Volume 26
Jurisprudence and Islamic Rulings:
Transactions - Part 5
i
ii
Islam: Questions And Answers
Volume 26
Jurisprudence and Islamic Rulings:
Transactions - Part 5
Muhammad Saed Abdul-Rahman
B.Sc., DipHE
iii
© Muhammad Saed Abdul-Rahman, 2004
ISBN for all volumes 1 86179 080 5
ISBN for volume 26 paperback 1 86179 449 5
ISBN for volume 26 hardback 1 86179 450 9
ISBN for volume 26 pdf eBook 1 86179 451 7
ISBN for volume 26 Microsoft eBook 1 86179 452 5
ISBN for volume 26 Palm eBook 1 86179 453 3
All Rights reserved
British Library Cataloguing in Publication Data. A Catalogue
record for this book is available from the British Library
Designed, Typeset and produced by:
MSA Publication Limited, 4 Bello Close,
Herne Hill, London SE24 9BW
United Kingdom
iv
Contents
Introduction ..............................................................................1
Chapter 1...................................................................................3
Transactions........................................................... 3
Divorce............................................................................3
36580: He pronounced divorce three times
but the qaadi wrote it down as one divorce.
The ‘iddah has now ended and he wants to
take her back ..............................................................3
47335: Her husband drinks alcohol; should
she stay with him?......................................................6
49719: Their father is senile and divorced their
mother – did divorce really take place? And
should they put him in a home for the elderly?..........8
47040: Man divorcing his wife on his parents’
orders........................................................................11
36761: Ruling on divorce via e-mail........................14
13253: Married to a Christian woman – what
should he do next?....................................................16
44923: His mother wants him to divorce his
second wife so that no one else will follow his
example and marry more than one wife...................21
36548: What is the relationship of a woman to
the man who has divorced her?................................23
23269: Does touching with desire count as
taking back a divorced wife?....................................25
34579: She wants a divorce but he does not
want to divorce her...................................................27
31778: It is not a condition of divorce that
the wife should know or that she should be
divorced face-to-face................................................29
11435: He divorced his fourth wife and wants
to marry another; should he wait until her
‘iddah ends? .............................................................31
v
22850: He said to his wife, “I don’t want a woman
who is like this.” Is this regarded as a divorce
(talaaq)?....................................................................31
20660: He intended divorce but he did not speak
the words out loud. Did divorce take place?............32
39941: He swore to divorce her if she visited her
family, and now he has recanted. Does he have to
offer kafaarat yameen? .............................................33
34164: He thought of divorcing his wife .................37
34571: Divorcing a wife because of her bad
attitude......................................................................40
26247: Khula’: definition and how it is done...........41
26221: He said that his wife would be haraam
to him if he took a second wife and now he
wants to marry again ................................................44
23463: Man writing romantic letters to his
former wife...............................................................47
62839: Whispers from the Shaytaan and the
remedy for them .......................................................50
22680: He left the house and went away. Is this
counted as a talaaq (divorce)?..................................55
26163: She does not get on with her husband;
should she leave him and make her father angry?....56
13803: Her husband beats her severely....................59
26810: He was told that his wife had revived
a previous forbidden relationship so he divorced
her.............................................................................62
14569: The ‘iddah of a woman divorced by
khula’ and her going back to her husband................66
13243: Some causes of divorce................................67
13254: Divorce from a husband who is addicted
to smoking................................................................68
22034: Divorce uttered in anger...............................70
9593: Does signing a divorce paper count as
divorce?....................................................................72
21592: Ruling on asking for a divorce from a
husband who has some medical problems ...............72
vi
21413: A number of questions about divorce...........76
20002: Is it permissible to live with a husband
who takes out a riba-based loan? .............................78
11798: How should a man take back his wife
after divorcing her? ..................................................80
12496: A husband has not been fulfilling his
responsibility towards his wife for five years...........82
11681: Does leaving one’s wife for a long time
count as divorce?......................................................84
14219: Doubt concerning the number of divorces
(talaaq)......................................................................86
12287: Divorcing a woman by talaaq when she is
pregnant....................................................................86
10438: Can he take his wife back after her
‘iddah has ended?.....................................................88
14024: Is it permissible for a man who has
divorced his wife by khula’ to go back to her
during the ‘iddah? ....................................................90
9787: Can a person divorce his wife who is the
mother of his children?.............................................91
12902: Is it better for a man to divorce his
second wife with whom he quarrels, so that
she can have some peace?........................................92
12179: Can the qaadi (judge) annul a marriage
without the husband being present?.........................95
5684: Is premature ejaculation grounds for
divorce?....................................................................95
10209: He divorced her but did not send her
the divorce papers ....................................................96
5792: He said, “I don’t think my wife belongs
to me”.......................................................................97
5225: He wrote a letter of divorce to his wife
intending to send it at the end of the month.............97
1859: Examples of acceptable reasons for
asking one’s husband for khula’...............................98
11105: Is a divorce done by the judge valid?...........99
10186: She is divorced – should she go back
vii
to her family’s country?..........................................100
9481: Can she ask for divorce because he is
beating her?............................................................101
10613: Does a husband have to be patient with
his wife all the time and not divorce her? ..............102
11761: She said to her husband “Divorce me”,
and he said, “I agree” .............................................105
5373: She got divorced overseas and the
divorce papers are not recognized by the
official department .................................................105
6125: Thrice-divorced at one time .........................106
6532: He wants to help a divorced woman ............107
6315: The one who causes the divorce of a
woman....................................................................109
4459: Does the father have to pay for the
children to travel to visit their divorced mother?...111
4343: When a Muslim signs papers divorcing
his wife in front of a non-Muslim judge ................111
3292: He swore that if he did something, the
first wife he married would be thrice-divorced......113
2523: Insinuating thoughts (waswaas) of
divorce....................................................................115
2218: A man doesn’t want to live with his wife
but doesn’t want to divorce her for the sake of
the children.............................................................116
2373: Giving talaaq (divorce) three times at
once is bid’ah .........................................................120
488: Ruling on a Woman Asking for a Divorce
from Her Husband..................................................121
45174: Ruling on divorce at a moment of anger....123
Chapter 2...............................................................................127
Transactions....................................................... 127
Waiting Period of Widow or Divorcee........................127
21398: ‘Iddah of a woman who did not know
that her husband has died.......................................127
5163: Does ‘iddah apply in the case of khula’? .....127
viii
14038: Can he take his wife back after her
‘iddah has ended?...................................................131
10670: What a recently-widowed woman is
not allowed to do....................................................133
8867: Her husband died during her ‘iddah from
her final divorce; does she have to observe the
#145;iddah of one who has been widowed? ..........135
10833: She apostatized and married a
Christian; now she has returned to Islam and
has left that Christian man – how long is her
‘iddah?....................................................................136
10426: She became Muslim after committing
zinaa; does she have to wait (‘iddah) before
getting married? .....................................................137
6240: Should she wait out her ‘iddah in the
place where her husband died, or go back to
her homeland?........................................................138
5288: Ruling on a woman whose husband has
disappeared.............................................................140
4706: What Must the Mourning Widow
Abide By ................................................................142
5217: how a woman who is previously married
should get married..................................................144
2628: Rulings on the mourning of a woman
whose husband has died.........................................146
311: Intercourse with wife during ‘Iddah...............152
31: Different types and periods of ‘idda
(waiting period)......................................................153
145: Husband and wife must stay in same
house during iddah.................................................153
Chapter 3...............................................................................156
Transactions....................................................... 156
Breast Feeding.............................................................156
47721: The limits within which a married
couple may enjoy intimacy with one another,
and the ruling on a man suckling from his wife.....156
ix