Fatwa: # 17984
Category: Divorce
Country: India
Date: 25th May 2009

Title

I have tried to reconcillation with my wife after giving one talaq.i have put my conditions the problems faced by me from there family that the abusive language & behaviour done...

Question

Asalaamu alaykum Mufti sahab thanks for the fatwa given to me on 11.03.09 (Fatwa no:17693).I have tried to reconcillation with my wife after giving one talaq.i have put my conditions the problems faced by me from there family that the abusive language & behaviour done by there parents.i said them to give me assurance that they will not involve in my family matters & will not fight with may parents infuture i have also given assurance that i will take care of my wife as iam responsible to answer allah i have asked them to given written commitment but they denied.

Now my wife along with her parents filed false cases against me i sware mufti sahab she has filed all the false cases against me.& family memebers even on my sister who is married long back and she doesnt live with us.Now she is threatening me to arrange for separate residence leaving my parents alone other wise she will continue to file the false cases and harassing me.she is literally harassing me & defaming me in society

suggest me whether i should keep the marriage realtion with her still in the light of quran & Hadis jazakallah

 

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

As mentioned in our previous correspondence, talaq is indeed a very detestable act. However, Islam being a complete religion acknowledges that sometimes a marriage cannot continue and it is in the better interests of both parties that the marriage comes to an end. It is as a final resolution that Islam permits divorce.

 

One should not be hasty in making a decision. Consider the pros and cons. Consult with the Ulama of your community or the seniors and elders of your family. Ask them to discuss with your wife and her family. Keep in mind your child when making a decision. Maybe you could leave things for awhile and let things cool down and make a decision later on. It could take a while before your wife would realize the repercussions of separation.

 

Allah Ta’ala is the controller of hearts and conditions. Turn to Him and He will show you the way. Allah Ta’ala will put in their hearts to withdraw all files against you. Continuously beg and implore Allah Ta’ala to guide you and make things easy. Recite as much as Durud on Nabi صلى الله عليه وسلمas possible. Also stay away from all sins. If per chance you slip up immediately turn to Allah Ta’ala in repentance. Salah is also of paramount important. Make it a point to perform all your salah with jama’ah in the masjid. Also perform as much as nafl salah as possible.

 

We cannot advise you to whether you should continue or not as we are not fully aware of your situation. Our advice is that you get your elders involved. Ask their opinion. Take your time and do not be hasty in deciding.

 

If nothing works out or your elders advise that it is better to end your marriage, then you could end the marriage and continue on in life.

 

And Allah knows best

Wassalamu Alaikum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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