Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Salam Wale Kum,

I am staying in kuwait with my children from past two and half years and my  husband was in india but after one and a half year he sent me a paper for divourse with his and two witness sign on it but i dont want to leave him i want to go back to him please giude me what should i do.

 

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Answer:

 

Divorce Paper

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chatper 2 Surah Baqarah verse 237:

237    And if ye divorce them before consummation but after the fixation of a dower for them then the half of the dower (is due to them) unless they remit it.  Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness.  And do not forget liberality between yourselves.  For Allah sees well all that ye do.

 

Dear and Beloved Sister in Islam, The All-Knowing, All-Wise has bestowed the ties of marriage in the hands of the husband as a trust from Him; thus the husband is well within his rights in Islam to pronounce or declare a divorce upon his wife, if he so wishes or chooses to do so. 

 

Regardless of whether the husband declare a divorce verbally or through writing, it will count as one divorce and Islam has specified a waiting period or ‘idda’ of three menses or monthly courses of the women during which time the husband may revoke his divorce and take back his wife. 

 

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-7:

1        O Prophet!  When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness.  Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

2        Thus when they fulfil their term appointed either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence (as) before Allah.  Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah He (ever) prepares a way out.

3        And He provides for him from (sources) he never could imagine.  And if anyone puts his trust in Allah sufficient is (Allah) for him.  For Allah will surely accomplish His purpose: verily for all things has Allah appointed a due proportion.

4        Such of your women as have passed the age of monthly courses for them the prescribed period if ye have any doubt is three months and for those who have no courses (it is the same): for those who carry (life within their wombs) their period is until they deliver their burdens: and for those who fear Allah He will make their path easy.

5        That is the Command of Allah which He has sent down to you: and if anyone fears Allah He will remove his ills from him and will enlarge His reward.

6        Let the women live (in 'iddah) in the same style as ye live according to your means: annoy them not so as to restrict them.  And if they carry (life in their wombs) then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring) give them their recompense: and take mutual counsel together according to what is just and reasonable.  And if ye find yourselves in difficulties let another woman suckle (the child) on the (father's) behalf.

7        Let the man of means spend according to his means: and the man whose resources are restricted let him spend according to what Allah has given him.  Allah puts no burden on any person beyond what He has given him.  After a difficulty Allah will soon grant relief.

 

Your Question: but i dont want to leave him i want to go back to him please giude me what should i do.

Dear and beloved sister, as much as you would like to save your marriage, it is entirely upon your husband whether he wishes to keep you as his wife or not.  It would be prudent and best to find out his grievances that instigated him to take such a huge decision to end his marriage and announce a divorce….and if these grievances can be addressed by you, perchance he may fear Allah and wish to change the decision he has taken and revoke the divorce (provided it is the first or second time he has divorced you).  Other than try to change the husband’s mind and request him to revoke his divorce (provided it’s the first or second time he has announced a divorce in this marriage), there is very little one can do to save the marriage.

 

If the husband does not revoke his divorce before the ‘iddah’ or waiting period and the three monthly courses have elapsed, the divorce will be established in the sight of Islamic Law and of Allah Subhanah and the couple must separate.  If after the ‘iddah’ period has elapsed and the couple wish to re-marry, they are well within the Shariah law to remarry, with a new ‘nikaah’ performed between them.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

 

Burhan