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:

Asalaama alaikuum,   sister fatimah, from london.  (probation officer)

may ALLAH reward you for the understanding and interpretation of the Almightys word.

 
My question is brother my husband had a second wife, who he chose to divorce, may allah have mercy on them both.

The wife was pregnant.and he maintained her until the birth and all provisions for her medical care. Now the child is born he has accepted his responsibility and financially provided for the child and intends to provide for the mother for the 2yr period of suckling as specified.

However, he has been told that a divorce cannot be permitted if the child born is a male. That the husband remains in the marriage even though he has previously divorced the mother. He has been told he would have to divorce her again now that the male infant is born or the marriage is still legal.

We have both searched hadith for this , but cannot find this judgement anywhere, can you please advise on this matter. The divorce took place because the wife was doing the shirk of witchcraft, for own aims and slanderising the husband in a bad way. She is a great believer in psychics and other means of witch craft, we found many of these items in the home we shared with her, before the divorce.

Can you please advise.

 

(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 legal

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: However, he has been told that a divorce cannot be permitted if the child born is a male. That the husband remains in the marriage even though he has previously divorced the mother. He has been told he would have to divorce her again now that the male infant is born or the marriage is still legal.

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 under what situation and condition the husband has pronounced the divorce, regardless of whether he declared the divorce in seriousness or in jest, regardless of whether the wife was pregnant at the time of the declaration or not, and absolutely regardless of whether the wife happens to deliver a male or a female off-spring, etc……..if the husband has pronounced a declaration of divorce upon his wife, the divorce will be established in the Sight of Allah Subhanah and in the Sight of Shariah Law.

 

Respected sister, we absolutely assure you that the nature of the gender of the subsequent off-spring is absolutely irrelevant to the pronouncement of the divorce….if the husband has declared a divorce upon his wife, that divorce will be established in the Sight of Allah Subhanah and in the Sight of Shariah Law.

 

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