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divorce

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israth View Drop Down
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Joined: 08 July 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote israth Quote  Post ReplyReply Direct Link To This Post Topic: divorce
    Posted: 08 July 2012 at 5:57am
asslamualicum,
  i have several questions about talak and the money the husband needs to give the wife (set at the time of nikah).
  My husband and I have been married for almost 10 years. at the time of marrige, he gave me $3,000 worth of gold jewlery, over the years he gave me $2,000 for down payment on my car and $6,000.00 to invest on my business. I paid him $1,000.00 back and could not pay the rest because my business failed. 2 years later, he told me that those payments I don't have to repay, they will count as the payment that was set at the time of nikah. IS THAT TRUE?
   I am considering divorcing my husband due to so many problems in our marriage, not to mention adultry, although he makes 10 times more money than me, i have to run the household with my money while he saves his. I have done istikhara weather do divorce him or not and spoke to 2 imams, and both said the results are not favorable.
   Now the problem is, My husband will not probebly want to give me a talaq, i would have to ask for a khula. how do i do that in the USA? I know i can divorce him legally in court, but i want an islamic divorce. Would i have to give my husband part of the money back which he have me?
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Full of Hopes View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Full of Hopes Quote  Post ReplyReply Direct Link To This Post Posted: 15 July 2012 at 5:02pm
Asslmau alaikum Ukhti may Allah guide us to the right path. I see you should cosult a reliable Muslim scholar because the forum is not a valid resource for such religion issues.
And whoever seeks a religion other than Islâm, it will never be accepted of him, and in the Hereafter he will be one of the losers(3:85)
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seeja View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote seeja Quote  Post ReplyReply Direct Link To This Post Posted: 20 September 2012 at 12:42am

I fully agree with the opinion of “Full of Hopes”…Always better to consult with an Islamic scholar in order to understand the correct Islamic rule regarding the issue.
Anyhow let me point out my understanding regarding the same…
Release from the marriage, initiated by the wife, which is KHULA, requires the consent of the husband, if husband is not willing to grant the divorce, the woman should approach a SHARIA court judge (QADI) to grant the divorce.
MAHR money, collected by wife from the husband during the time of marriage should be normally returned back to the husband. If husband is willing to relinquish the money, that is, if he doesn’t want the MAHR money back, then the woman can keep the amount with her.



Edited by seeja - 20 September 2012 at 12:46am
Islam (Total Surrender, Submission, Obedience, Sincerity and Peace with Allah) is for all people, in all places and in all times
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lady View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lady Quote  Post ReplyReply Direct Link To This Post Posted: 20 September 2012 at 5:47am

An imam can also grant a khula as well.

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