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Unanswered

Question

Respected Sir,

With respect and honor, I humbly desired to state that my daughter has been put in a grave disastrous conditions and circumstances by the illegal / invalid causes of actions of her Husband & In- Laws which need to be examined within the boundaries of ISLAMIC LAWS. I have thoroughly searched the website www.askimam.org but could not find the answers. I humbly request your esteemed office to kindly provide the Islamic Jurisprudence and Rulings for the following causes of actions of my son-in-law and others- in-laws so as to seek justice for my daughter as well as to prevent them to mischief / ruin any other third Muslim Family.
   
 1) DECEPTION, CHEATING, FRAUD IN MARRIAGE:

The Parents of the Boy belonging to India published a MATRIMONIAL AD for their son (Engineer) in FEB. 2006. I responded to it. Subsequently, the parents of boy responded. The matter was discussed for marriage settlement on the basis of their METROMONIAL AD, my Response and their Response. They saw my daughter (Doctor), judged her from various angels and satisfied.  Regarding to see the boy, who was at Riyadh, Saudi working in some Power Company, they gave a number of reasons by which they made it impossible for his coming from Riyadh to India. They made me to believe them in their versions without any further essential requirements/ enquiry usually being followed before/ in marriage settlements.  I believed them and my daughter obeyed me. When agreed, putting total trust in them and in their EEMAN, they there and then in minutes FIXED & CHAINED me in an “OATH of   ALLAH   RASOOL (PBUH).”  

The marriage/ Nikha between my daughter & the Boy was conducted in India on 25.03.2006 in the presence of Boy’s father, mother, sister & brother-in-law And on the
Girl’s side- myself as father, my wife, my younger daughter & my about 25 distinguished guests, without any close family relations of two families. While performing Nikha, the Boy declared this marriage as his FIRST MARRIAGE in the

Nikha Nama, witnessed by his father. My son-in-law left directly from India to Riyadh after 3rd day of NIKHA. My daughter as his wife left to Riyadh from India on 29.04.2006 after VISA. First time after marriage, my daughter with pregnancy of 7 / 8 months was sent back by her husband from Riyadh to her father’s residence- INDIA on 7/8.08.2008 for delivery of his child. A baby girl is born on 08.10.2008

Whereas,

After about 2 years & 8 months of this marriage, on return of my daughter from Riyadh to India and in conducting a long exercise though my reliable sources in finding out the actual facts and truth, it came to my notice that the Boy was actually married already to a qualified & honest Indian girl (PHD) since 11.09.2005. The boy has deserted her after the 10th day of marriage without any legal / valid Divorce & without any settlement and the case in the Court of Judicial Magistrate First Class, Srinager, Kashmir, India is pending for justice. The Boy is not giving any response to the Court.
            Thus, the Boy, his parents, his brother-in law & his sisters, individually & collectively, committed a crime of DECEPTION, CHEATING, FRAUD & IMMORALITY in the marriage with my daughter on 25.03.2006.
             
QUESTION:
 
Viewing the above deception, cheating, fraud in the marriage of my daughter, caused by the Boy - Husband with the active support of his parents, sisters, brother-in-law, whether my daughter has the right to seek the Divorce from her Husband or to get the marriage annulled in the Court with all responsibilities of Maintenance / Damages etc. on the shoulders of Husband exposed as deceiver, cheater who can desert her at any moment likewise the first wife is deserted by him without any legal / valid divorce & without any settlement.  
 
2) CONDITIONAL DIVORCE:

My Son-in-Law uttered, with full knowledge and in the state of sanity, the following words in Urdu to my daughter (his Wife) in intervals of more than three times during her stay with him as Wife, even witnessed by his Mother-in-Law (my Wife) who stayed there with the couple for period from 12.05.2008 to 07.08.2008 for assistance/ support/ help to them during the pregnancy of my daughter.

“AGAR MAI INDIA MAI HOTA TOE KAB KA CHOD DETA.
  TU NASEEB WALI HAI KI SAUDI MAI HAI.”
      
  English Translation.
 
   “IF I WERE IN INDIA THEN LONG BACK DIVORCED YOU.
     YOU ARE LUCKY THAT YOU ARE IN SAUDI.”
       
 In one of such time to time utterances, when protested by the Wife, he consented to provide her even 75% of his salary as compensation. It is mentioned here that my son-in-law has neither visited his Home nor In-Laws Home from Riyadh, Saudi since marriage with my daughter in March 2006. The above pronouncement of my son-in-law to his wife (my daughter) as analyzed by learned men as Conditional Divorce by him to his wife, keeping marriage valid in SAUDI LANDS etc. and not in INDIAN LANDS.

QUESTION:
 
Viewing the above conditional divorce pronouncement by the Husband to his Wife, which type of Islamic Divorce is effected when the conditions are found.

3)  CHARACTERIZED AS & WITHIN THE MEANING OF NON-   MUSLIM & PROSTITUTES:

 The treatment by my Son-in-Law towards my daughter (his Wife), towards me (his father-in-law) and towards my wife (his mother-in-law) has been full of harassment including indirect demand of dowry of Rs. 1, 50, 00,000/-. His elder sister with consent from my Son-in-Law seized all bridal gold ornaments and bridal cloths, leaving few, cunningly from my daughter after one month of marriage. The Meher only Rs. 5000/- was also taken back by him at Riyadh. My daughter being Doctor worked on an honorarium basis in certain    PRIVATE HOSPITALS at Riyadh and she received an honorarium of total about 35,500 Riyal from such Hospitals. He took 31,000 Riyal (i.e. about Rs. 3.31 lakhs) from her as benefit and sent the same to his parents & sisters in India. He could not purchase even a single dress for her during her entire stay with him at Riyadh. My daughter was to depend on the MERCY of his elder sister for cloths from India. On sending of my daughter with pregnancy of 7/8 months from Riyadh to India without Meharam for delivery of child, he did not bother to give her a single Rupee for any medical emergency, if arising during travel or for expenses required for delivery of child. His parents on visit to their pregnant daughter-in-law, gave her a sum of Rs. 6000/- only for child delivery expenses, whereas, the total expenditure towards his child’s delivery spent by me comes to Rs.3, 43,000/- including leave salary for 40 days which he did not bother to bear. Instead, after birth of child, he [& his father] ordered me to obtain Passport for new born child immediately and return his wife with child back to Riyadh all alone with safety in her interest before expiry of her Visa. He [& his father], thus, shifted his responsibility of obtaining his child’s Passport to me at my cost & risk and return of his wife (my daughter) from India to Riyadh in her interest with new born baby all alone without any Meharam. For reasons of no further leave from office and no Visa, it was not possible for me to get child’s Passport and accompany my daughter (his wife) to Riyadh. When I, being father-in-law, conveyed my concerns to him through my e-mail dated 04.11.2008 about his un-expected rude, threatening and foul behavior/attitude with me on his phone call disconnected mid-way by him and when remembered him of deception by them in the marriage and of marrying my daughter with him without seeing him & without verifying his nature but on the OATH of ALLAH  RASOOL(PBUH) bounded on me by his father, his two sisters & his brother-in-law on the day of marriage settlement, he (my son-in-law) in return vide his e-mail dated 04.11.2008 alleged and characterized his wife (my daughter) and his mother-in-law (my wife) as and within the meaning of “NON-MUSLIMS and PROSTITUTES” as per his below reproduced statements of his e-mail.

 “I wonder to what religion your daughter belongs.”

 “Who says that she is a Muslim girl as she says Sheriyat is NONSENSE (God forbids). The situation worsened further when her clever and wise mother opened a training centre here for training her against her husband (I.e. Me). Before her arrival, Saphya scared to go out of door of

my residence, but when your wife came, saphya used to leave home at the dusk & return in next morning, keeping my eatables on table.
You will be astonished to know, in evening, house use to be locked  ,as Saphya & her mother were roaming about to unknown places without my permission, should a Muslim wife do like this in a Muslim country like RIYADH. Which religion allows it, to roam for nights without any male
member & when Saphya was pregnant? It is my tolerance & boldness that I didn’t ring you on the days she remained out of my house during nights. I have tolerated all & didn’t trouble you. It is my generosity that I kept mum otherwise I could have file an FIR in police station or at least ring you up to enquire about their whereabouts. I saw their face after a fortnight for which I am being cursed today along with whole family including minors who are too little to under stand my grievances.
Her mother left for Umerah without any MOHARAM. What sort of character & religion allowed her to be out for days together, same has been learnt by your Professional DOCTOR daughter.”

QUESTION:
 
Viewing the above written statements of my son-in-law, addressed to me (father-in-law), wherein he alleged and characterized his wife [and his mother-in-law] as and within the meaning of “NON-MUSLIMS and PROSTITUTES”;

a) If the allegations are proved by him in the Court of Law and his wife is proved as guilty by the Court, then what would be the status of Nikha and what would be the punishment for such wife as per Islamic Law.

b)  If the allegations are not proved by him in the Court of Law and his wife is proved as not guilty by the Court, then what would be the status of Nikha and what would be the punishment for such husband as per Islamic Law. Further, can the wife, who is proved as not guilty by the Court,  claim defame damages from such husband and / or whether she is having the right to take “KHULLA” with all  responsibilities of Maintenance etc. on the shoulders of such Husband, being defaulter.     

4)      DIVORCE & IDDAT PEROID:

As brought out in para (3) above that the Husband alleged and characterized his Wife as & within the meaning of “NON-MUSLIMS and PROSTITUTES” vide his e-mail dated 04.11.2008 from Riyadh, I, being the Father of girl, through e-mail dated 05.11.2008 and my daughter through SMS dated 05.11.2008 communicated him to come to India to complete the Divorce Requirements (being the last resort). I also communicated to his Father, camping at Riyadh, to send his Son to India to complete the Divorce Requirements by him in the Court of Law as per Law of the Land vide e-mail dated 05.11.2008 & letter dated 05.11.2008 posted to his residential address. In return:-

i) The Boy (Husband), sitting at Riyadh, Saudi, nominated his parents as his REPRESENTATIVE to deal with & finalize his DIVORCE CASE vide his e-mail dated 05.11.2008 & SMS dated 05.11.2008, addressed to me & to my daughter respectively. 

          “I am not in favor of DIVORCE at all, but if you are inclined   so   much then talk to my parents on 08.11.2008 after they returned from Umerah.”

ii) The Father of the Boy, sitting at Riyadh, Saudi, on behalf of his son accepted the DIVORCE to my daughter with direction to proceed further and finish it once for all vide his e-mail dated 14.11.2008 and SMS dated 14.11.2008, addressed to me and to my daughter respectively.

“Anyhow I simply want to remind you concerning settlement of the issue i.e.  If you & your daughter are determined to break the relationship without any solid reason thinking DIVORCE is the only panacea for it, we reluctantly & unwillingly accept your proposal. But now lets us proceed further to finish it up once for all without lengthening it further for no use”

QUESTION:
 
Viewing the statements at (i) & (ii) above from the Husband & his Father, which type of Islamic Divorce is effected to the Wife (my daughter) and what would be the Iddat Peroid and from what date the Iddat period starts.

            JINAB MUFTI SAHEB, please provide ISLAMIC RULLINGS on the above issues (1), (2), (3) & (4), inter-linked with each other. The same is required urgently for filing the cases against the RESPONDENTS in the COURT OF LAW so as to have justice for my daughter and damages thereof as well as to prevent them to mischief/ ruin any other third Muslim Family.  Jazakallah.

 Wassalam-u-Alaikum                                                                                                     

                                                                                                                Yours truly,
                                                                                                     
                                                                                                       MUKHTAR AHMED WADOO 
                                                                                                          THE APPLICANT/