Fatwa ID: 04711

Answered by: Alimah Nasima Umm Hamza

Question:

I was married to a divorced man 2 yrs back. I am his second wife. Due to household issues, I left one night and stayed in the dargah. Now I am staying at my parent’s house for 4 months. My husband refused to take me. My question is how can I take my jewelry and all my belongings from them and separate myself from them due to the ban on instant talaq he is unable to give me a divorce? I don’t want to take khula, but he should give me a divorce.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Please be reminded that that divorce is a drastic measure and the last resort when a marriage is having problems. It is one of the most hated things in the sight of Allah (SWT) and we should try all other ways of resolving the disputes within the marriage before looking at divorce. We are reminded of this in the Hadith of the Prophet (PBUH)

حَدَّثَنَا كَثِيرُ بْنُ عُبَيْدٍ، حَدَّثَنَا مُحَمَّدُ بْنُ خَالِدٍ، عَنْ مُعَرِّفِ بْنِ وَاصِلٍ، عَنْ مُحَارِبِ بْنِ دِثَارٍ، عَنِ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ “‏ أَبْغَضُ الْحَلاَلِ إِلَى اللَّهِ تَعَالَى الطَّلاَقُ ‏”‏ ‏.‏

Narrated Abdullah ibn Umar (ra):

The Prophet (saw) said: Of all the lawful acts the most detestable to Allah is divorce. (Sunan Abu Dawud, Hadith Number 2178)

It appears from your question that you are not based in the U.K but most likely one of the Asian subcontinent countries. My advice would be that you and your husband call a respected and knowledgeable imam in your locality to arbitrate between you. If you are unable to come to a resolution, then the imam will be able to arrange for you to acquire your possessions in an agreeable manner, as you are well within your rights to take those possessions which belong to you.

I understand that Triple Talaq is illegal in your country but one Talaq Raji’ (revocable divorce) should be acceptable. If your husband does not take you back during your iddah period then your divorce will be finalized.

Only Allah Knows Best

Answered by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham