Divorce and Separation
1,425 questions
Is it permissible to have sexual intercourse with one's wife while there are disputes that could lead to divorce, and the separation of the spouses without divorce?
Is it possible to elaborate on the answer in Fatwa No. 2565864 for someone who is not afflicted with waswas (obsessive doubts)?
What is the ruling on one who took his wife back after an innovated divorce (talaq bid'i) or a divorce suspended on a condition, then later realized the correctness of Ibn Taymiyyah's opinion on the matter? Is he permitted to adopt it?
What is the optimal course of action with a wife who seeks divorce without cause, and desires to speak with a "spiritual shaykh" at any time? And is she considered rebellious (nashiz) if she persists in seeking divorce while I wish to continue the marriage for the sake of the children?
Why did you rule in Fatwa No. 78069 that divorce occurred despite the questioner's doubt about the word being uttered by mistake and about his intention, even though the Sharia principle states: "Certainty is not removed by doubt"? And does this fatwa apply to my previous question?
Is it permissible for a man to take back his irrevocably divorced wife, who does not desire marriage or conjugal life, by informing their eldest son to conceal the matter from her, for the sole purpose of making it permissible to see her and consult with her regarding the children's interests?
Does a divorce that occurs after a wife threatens her husband with reporting him to his superiors at work take effect, and is it considered a divorce under duress, knowing that two previous divorces have already occurred between them?
Did divorce take place on any of the four occasions when the husband uttered the word of divorce: 18 years ago, 3 years ago, when the wife said, "If you leave, you are divorced by triple talaq," and two months ago?
Is it permissible to raise a child in partnership with the husband if he is among the people of innovation (Ahl al-Bid'ah)?
Was what happened a khul' or a divorce, and what is the 'iddah required of the woman in this case?
Is separation from a husband—who travels frequently and returns to be irritable, abusive, and cursing over the trivialest of reasons—forbidden, or should official divorce proceedings be initiated, especially given the presence of a daughter who is not yet married, and with the impossibility of living together?
Is it permissible for a man who has two wives, and is unable to provide for both of them, to keep the wife he prefers, or must he keep the first wife, especially if the first wife desires a Khul'?
Is the wife still married to her husband, bearing in mind that he pronounced the oath of divorce upon her five or six times over the past three years, taking into account that each time he believed the divorce did not occur for various reasons such as menstruation or extreme anger?
What should a man married to two women do, when one of them demands divorce and alimony and files lawsuits against him, and he has two young daughters with her, in addition to the problems and disputes that led to a judicial ruling against him, so that he may live a good life?
Is a waiting period (iddah) incumbent upon a woman who has been separated from her husband due to suckling (rada'ah)? And if not, what is the wisdom behind that, given that the wisdom of the waiting period is to ascertain the emptiness of the womb?
Is the husband to be considered an oppressor or merely exercising his legitimate right to divorce, after concealing sexual dysfunction before marriage, and then arbitrarily divorcing his wife without her knowledge, subsequent to her treating him with kindness and enduring patiently with him?
Is a woman's consent required for marriage, and was Aisha's consent taken for her marriage to the Messenger of Allah, peace and blessings be upon him, when she was nine years old, and is the consent of a child considered valid, and was the marriage by divine command, and was Surat al-Talaq revealed before or after the Prophet's marriage to Aisha?
Is a man's divorcing his wife while he is on his deathbed, with the aim of depriving her of inheritance, considered a "divorce of flight" (talaq al-farr), and what is the most authoritative opinion in Hanafi jurisprudence regarding her 'iddah (waiting period) in this case?
Is it considered a divorce if the husband says to his wife: "If you want intercourse in the capacity of something else, no problem (as a lover or a friend), but as a husband: no, I am not your husband"?
How can the outcome of Istikhara be a feeling of relief in the heart if the available options are divorce or living without hope of motherhood, accompanied by a dread of what is to come? And is considering some events as signs for Istikhara sufficient to make a decision of separation?
What is the ruling on suspending the wife's divorce on a condition with the intention of divorce? Is it permissible to retract a conditional divorce? Does conjugal relations with the wife after suspending her divorce on the condition of not having conjugal relations with her constitute a retraction of the condition that prevents the divorce from taking place? Does divorce occur if the husband says to his wife: "You have only two minutes; if you do not say so, then you are divorced," and the minutes pass without her saying anything, with the husband doubting whether the two full minutes have expired? Does divorce occur by the husband saying to his wife: "You are divorced" because of her abusive tongue? Is it permissible to adopt the opinion of Ibn Taymiyyah regarding the occurrence of conditional divorce if his intention was divorce, especially since the Mufti of Gaza adopts it for ease? Has my wife become irrevocably divorced from me (irrevocable divorce, major separation) based on these occurrences?
Is the marriage of a man to a woman with whom he had previously committed adultery, and whom he persuaded to seek a divorce from her husband so that he could marry her and have children with her, islamically valid, especially after their sincere repentance and deep remorse? And is it obligatory for them to separate? What would happen to their children if the answer is separation, knowing that he follows the Hanafi school of thought and has read fatwa number (201510), which states that "whoever corrupts a woman against her husband, and spoils her for him until she leaves him, and then marries her: his marriage is not valid, and separation between them is obligatory according to what Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, chose, and it is the view of the Maliki school"?
Is it permissible to spend the iddah period at her family's home after an impulsive divorce that occurred during a phone call, and the husband refused to come and return his wife to the marital home?
What is the ruling on praying for marriage to another righteous man, given that I previously prayed to Allah for my husband to remain my husband in this world and the Hereafter, and a divorce has occurred between us?