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 have been marid twice, all though my first marige is broken to the best of my knowledge, but my question is that, with my first wife, we performed the nickah, but we did not have intercourse, what so ever, and my dad written divorce and on the relevent conditions and the reasons i gave her divorce for, on my behalf, he read out what he had written, and after listening to him, i signd the papers, this is my first wife i am talking about. I just want you to tell me according to the islamic shriah, are we divorced or not? and all so at the time i wasnt working, so i wasnt able to pay her any hack mahar/ dowery, but my father paid 2000 rupes, to her and she accepted it, but i do know dowery was not enoufgh, ie. when divorce happens the dowery is meant to support a sister, but i am going to be working soon inshallah and i intend to give her about 500 pound, which is what i can afford to give her at the moment of time, will this be aceptable from my behalf. as we have had know contact, with each other for years now, and bearing in mind this sum of 500 pound io intend to give her was not mentioned in the maridge contract, due to my circumstances, so plz tell me if i give her this sum of 500 pound, would it be write in the sight of allah {SWT} or not? thank you jajak allah, may allah reward you for this great nobel act ameen.

 

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Answer:

 

Signed divorce papers

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: …….on my behalf, he read out what he had written, and after listening to him, i signd the papers, this is my first wife i am talking about. I just want you to tell me according to the islamic shriah, are we divorced or not?

If one physically or verbally communicates one’s declaration of divorce to one’s wife, regardless if one was serious or only in jest, regardless of whether the declaration of divorce was done verbally, or in text form, or on the phone, or by fax, or by email, etc.; a divorce between the couple will be established in the Sight of Shariah Law.

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Regardless of who presented the divorce papers to you, if you signed the divorce papers knowingly and with the intention that the signing of these divorce papers would mean a declaration of divorce to your wife….then indeed brother, a legal divorce would be established between you and your wife in the Sight of Shariah Law.

 

Your Question: …….and all so at the time i wasnt working, so i wasnt able to pay her any hack mahar/ dowery, but my father paid 2000 rupes, to her and she accepted it,

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

237    And if ye (men) divorce them (wife) 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.

 

To determine the amount of ‘mehr’ for the bride is an absolute pre-condition in Shariah Law for a ‘nikaah’ to be valid; and if for some reason, one were to divorce one’s wife before consummation, then the wife is entitled by Law to half the determined ‘mehr’ amount; but if the divorced wife, of her own free will and choice wishes to accept less than half or even remit the whole amount of her due ‘mehr’, she is well within her rights to do so.

 

Thus what needs to be double-checked here is what exactly was the stated amount of ‘mehr’ which was determined at the time of your ‘nikaah’; and because you declared a divorce before the consummation of marriage, your divorced wife is entitled by Shariah Law that she receive half that determined ‘mehr’ amount.

 

But if of her own free will, your divorced wife accepted and was satisfied with the Rs 2,000.00 given to her after the divorce, she is well within her rights to do so.

 

Your Question: ……as we have had know contact, with each other for years now, and bearing in mind this sum of 500 pound io intend to give her was not mentioned in the maridge contract, due to my circumstances, so plz tell me if i give her this sum of 500 pound, would it be write in the sight of allah {SWT} or not?

Dear and beloved brother, since the divorce was established four years ago, and the wife accepted and was satisfied with the amount paid to you, and the two of you have not been in contact for almost four years now…..it would be quite distressing and awkward if you suddenly turned up at your divorced wife’s door and handed her 500 pounds!!!

 

Although you are entitled to gift your 500 pounds to anyone you will and please, if indeed you wished to give this amount to your divorced wife, it would be best if you sent this amount to her anonymously and only for the sake of Allah Subhanah.

 

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