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
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:
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.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
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