Fatwa ID: 06710
Answered by: Mufti Mohammed Dilwar Hussain
Question:
I am in Canada on a student visa since 2016. When I arrived in Canada I met a woman with two kids and we decided to marry because I saw her in trouble and she decided to sponsor me. She herself agreed ok you can marry another woman back home but don’t leave me after that but again she betrayed after the Nikah. We were living happily but I came to know that her friend is one of the Qadayani, her mother who was living in Saudia came to see us after Nikah and also advised her not to meet Qadayani old man after Nikah with her husband. I personally took this matter seriously and asked her not to meet with him. She said, “ he is my Godfather who was here in my thick and thin, my kids are attached to him and you are too new in Canada and I cannot leave him but you can leave me if you want”. I was about to leave the house but then I decided to pray for my wife and do some Amal like introducing her to the tableeghi amal but she thought I am doing it for my immigration and sponsorship. She continue meeting him even though I strictly advised her not to meet him and in my absence, there were 1 hour or more calls to that person. He advised my wife to pull out the sponsorship and see if your husband is genuine he will stay with you. I also want to add that my wife knows cooking but in my relationship, she always gave me trouble and threats that my kids will call the cops on you and blah blah blah. I was quietly living with her because I was new and had lost status after leaving study and slowly depending on her after sponsorship in progress. Anyhow she pulled out of sponsorship and I decided to leave her because she gave me a lot of pain and grief. We were living separately but I was trying to see her because I truly loved her her kids always abused me with bad words and said many times why are you here it’s our house and leave. Right now, I applied in a Canadian court for divorce but my intention was not to give her a divorce I needed a divorce to apply for immigration Because she was not helping me and adversely complained to immigration with a lot of false accusations.
What should I do in this matter when now she is claiming that I left Qadayani but give me a divorce? What should I do when we were living separately when I was paying her money and one day she lied that’s the money you took from me and now returning to me so I stopped paying her any money because she lied in each word.
I fell in love that’s my case and I don’t know what to do. I contacted my wife and request her to take or call the expenses you want from me for years of separation or anything even though I am a student here so there will be nothing on me once I die. She said why are you contacting me when you already filed for divorce, I already complain to you to the police and they are tracking you. So how can I pay him if you think I am the one who is guilty and should pay her for years of separation?
Will in that case applying for divorce to make my immigration process smooth will be consider as well Islamic divorce too?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
You have supplied a lot of information. However, quite a bit of it is difficult to understand.
Legal Divorce
Uttering the words of Talaq (divorce) fall under two categories; Sareeh (clear wording) and Kinaya (vague wording).
If clear wording is used, such as “I divorce you” or “you are divorced” or “I give you Talaq” whether they be said in person or not, via message, with witnesses present or not, etc. then this will cause talaq (divorce) to occur immediately. The wife will then need to enter into iddah. The inference of such wording would mean Talaq Raj’i will occur which would subsequently allow for reconciliation to take place within the iddah period without the need of renewing the nikah. Verbally uttering words or gesturing to her to return would be sufficient for the marriage to renew. Even looking at her with desire and lust would also have the same effect. [Al Hidayah; volume 2, page 380] [1]
However, the use of vague wording where ambiguity remains (i.e., using such wording which would not normally infer divorce) will require an intention of divorce to be present at the time of using such wordings. If an intention of divorce is not made at the time of using such wordings, then talaq will not take place. Examples of such wordings would be, as you have said “I free you,” “I release you,” “get out of here,” “I don’t want to see you again” etc. [Al-Hidāyah; volume 2, page 391-392] [2]
Simply uttering the words of Talaq alone are not sufficient for Talaq to take place. They need to be directed towards somebody, either by saying it directly to them or by mentioning the wife’s name.
There is a Fiqhi principle which determines that whatever is written will also stand in the place of verbal speech. It has two conditions; firstly, that what is written is apparent and admissible and; secondly that it is written in an acceptable way which is common. The sender and recipient must be noted clearly. [Al-Qawā’id ul-Fiqhiyah; page 52] [3]
Both of these points are found in a legal divorce. Once her Iddah period is concluded, then she will become a non-Mahram woman to you so any further contact after this point must be kept to the bare minimum and whatever is absolutely essential only.
Nafaqah (monetary contributions) After Divorce
During the period of Iddah the divorced wife, she will continue to receive her regular rate of Nafaqah.
Allāh Ta’ālā says, “Provide to them (the divorced women) residence where you reside according to your means and do not harm them in order to oppress them. And if they are pregnant, spend on them till they give birth to their child. Then if they suckle the child for you, give them their payment, and consult each other (for determining the payment) with fairness, and if you are in discord between yourselves, then another woman may suckle him.” [Surah al Talaq, 65:6] [4]
However, after that period concludes, she will not be liable to receive any other payments of Nafaqah except for that which is required to support his children unless she is pregnant. Then her Nafaqah will continue until she gives birth.
Nafaqah constitutes providing clothing, food, and shelter. The children will be liable to receive these from the father or the monetary equivalent thereof until they reach an age where they are now able to earn for themselves (i.e., puberty). If the child has some sort of disability restricting his ability to work, then this Nafaqah payment will carry on. [Radd ul Muhtaar, vol 5 pg 278] [5]
Allāh Ta’ālā says, that a wealthy man should spend according to his means and anyone with limited wealth should spend whatever Allāh has given to him.
“Let a man of wealth spend from his wealth, and he whose provision is restricted – let him spend from what Allāh has given him. Allāh does not charge a soul except [according to] what He has given it. Allāh will bring about, after hardship, ease.” [Surah Talaq, 65:7] [6]
Qadiyani
I am Muhammad and I am Ahmad, and I am al-Mahi (the obliterator) by whom unbelief would be obliterated, and I am Hashir (the gatherer) at whose feet mankind will be gathered, and I am ‘Aqib (the last to come) after whom there will be no Prophet. [Sahih Al-Muslim; Hadith 2354] [7]
There are numerous other narrations verifying that there will be no Prophets or Messengers after Muhammad ﷺ. To claim that there is any Prophet after Muhammad ﷺ is an act of disbelief. The beliefs of Qadiyani take them out of the fold of Islam. There is a clear consensus amongst the entire Ummah that they are not Muslims.
Only Allāh knows best.
Written by Mufti Mohammed Dilwar Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]الطلاق على ضربين: صريح وكناية. فالصريح: قوله أنت طالق، ومطلقة، وطلقتك، فهذا يقع به الطلاق الرجعي لان هذا الألفاظ تستعمل في الطلاق، ولا تستعمل في غيره، فكان صريح
[2]وبقية الكنايات، وهذا مثل قوله: أنت بائن، وبتة، وبتلة… لأنه تحتمل الطلاق وغيره، فلا بد من النية
[3]الكتاب كالخظاب.
مستبينة: أي مكتوبة على شيء تظهر وتثبت عليه.
مرسومة: أي مكتوبة بالطريقة المعتادة بين الناس بأن تكون مصدّرة باسم المرسَل والمرسِل إليه.
}[4]أَسۡكِنُوهُنَّ مِنۡ حَيۡثُ سَكَنتُم مِّن وُجۡدِكُمۡ وَلَا تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيۡهِنَّۚ وَإِن كُنَّ أُوْلَٰتِ حَمۡل فَأَنفِقُواْ عَلَيۡهِنَّ حَتَّىٰ يَضَعۡنَ حَمۡلَهُنَّۚ فَإِنۡ أَرۡضَعۡنَ لَكُمۡ فَـَٔاتُوهُنَّ أُجُورَهُنَّ وَأۡتَمِرُواْ بَيۡنَكُم بِمَعۡرُوف وَإِن تَعَاسَرۡتُمۡ فَسَتُرۡضِعُ لَهُۥٓ أُخۡرَىٰ {
[5]وشرعا: (هي الطعام والكسوة والسكنى) وعرفا: (ونفقة الغير تجب على الغير بأسباب الثلاثة: زوجية وقرابة وملك) بدأ بالأول لمناسبة ما مر أو لأنها أصل الولد (فتجب للزوجة) بنكاح صحيح
}[6]لِيُنفِقۡ ذُو سَعَة مِّن سَعَتِهِۦۖ وَمَن قُدِرَ عَلَيۡهِ رِزۡقُهُۥ فَلۡيُنفِقۡ مِمَّآ ءَاتَىٰهُ ٱللَّهُۚ لَا يُكَلِّفُ ٱللَّهُ نَفۡسًا إِلَّا مَآ ءَاتَىٰهَاۚ سَيَجۡعَلُ ٱللَّهُ بَعۡدَ عُسۡر يُسۡرا {
[7]حَدَّثَنِي زُهَيْرُ بْنُ حَرْبٍ، وَإِسْحَاقُ بْنُ إِبْرَاهِيمَ، وَابْنُ أَبِي عُمَرَ، – وَاللَّفْظُ لِزُهَيْرٍ – قَالَ إِسْحَاقُ أَخْبَرَنَا وَقَالَ الآخَرَانِ، حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ، عَنِ الزُّهْرِيِّ، سَمِعَ مُحَمَّدَ، بْنَ جُبَيْرِ بْنِ مُطْعِمٍ عَنْ أَبِيهِ، أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ “ أَنَا مُحَمَّدٌ وَأَنَا أَحْمَدُ وَأَنَا الْمَاحِي الَّذِي يُمْحَى بِيَ الْكُفْرُ وَأَنَا الْحَاشِرُ الَّذِي يُحْشَرُ النَّاسُ عَلَى عَقِبِي وَأَنَا الْعَاقِبُ ” . وَالْعَاقِبُ الَّذِي لَيْسَ بَعْدَهُ نَبِيُّ .
