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  • divorce rights

    :)
    Last edited by dizzyfish; 22-02-15, 03:19 AM.

  • #2
    Re: divorce rights

    he rights to which a woman is entitled after an irrevocable divorce are: 1. Gift This is the money or goods that the husband gives to his wife to soften her heart, because Allah, may He be glorified and exalted, says (interpretation of the meaning):“But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good”[al-Baqarah 2:236]“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al‑Muttaqoon”[al-Baqarah 2:241]. See also the answer to question number 126281. 2. Delayed portion of the dowry, if she has a delayed portion that has been agreed upon. 3. Personal loans that she gave to the husband during their marriage. Thirdly: With regard to what the wife spent of money on her husband or to buy furnishings for the marital home, there are two scenarios: 1. That she gave it to her husband as a loan, in which case he must give money back to her2. That she gave it to her husband or put it in her house voluntarily as a gift that was given willingly; he does not have to give back what she gave to him; rather it is haraam to ask for it. See the answer to question number 75056. If she gave it to her husband or put it in her house reluctantly, and only did that for fear that her husband would change his kind treatment of her or for fear that her husband would divorce her if she did not do that, then the husband has to give this wealth back to his wife, and if it is said that it is obligatory for him to return it, that would not be far off the mark. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said: If she gives him her gold and jewellery willingly as a gift from her, Allah, may He be glorified and exalted, says (interpretation of the meaning): “but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)” [al-Nisa’ 4:4]. If she gives it willingly, there is nothing wrong with that; but if she gives him a loan to meet his needs, to be given back to her, then he must return it if possible and it is obligatory for him to return what he took from her. Even if what she gave to him was not a loan, but was given to help out, if it is possible to return to her what he took, that is better and is noble conduct and comes under the heading of treating in kind. But he does not have to do that if it was given willingly, and he is not obliged return it. But if she felt too shy of him and was afraid that he would divorce her, and she gave to him for this reason, then it is better for him to return it to her when possible. If she did not say anything, he should still return it to her, because she gave it to him for fear of his harm and evil, or for fear of divorce. This happens a great deal with women. So the husband should have the best of attitudes and when he is able to, he should return to her what he took from her. End quote. Fataawa al-Shaykh Ibn Baaz, 19/12 We ask Allah, may He be glorified and exalted, to compensate you with something better and help you find a righteous husband. And Allah knows best.


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    ‘O Allah, forgive me, have mercy upon me, guide me, give me health and grant me sustenance.’
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    • #3
      Re: divorce rights

      [al-Talaaq 65:1]. Secondly: Allaah says (interpretation of the meaning):[al-Baqarah 2:241] This maintenance is obligatory in the case of a woman who is divorced before consummation, if she did not have a specified mahr at the time of the marriage contract, because Allaah says (interpretation of the meaning):[al-Baqarah 2:236]. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was of the view that it is obligatory for all divorced women. [al-Baqarah 2:241] Secondly: The mahr she was given is still with her, because it was only given to her recently. But if the marriage lasted for a year, or two years, or a few months, then in that case what Shaykh al-Islam (may Allaah have mercy on him) said is sound. This is a moderate view that falls in between two others which say that it is either mustahabb in all cases or obligatory in all cases. This is the correct view. End quote from [al-Baqarah 2:236]. There is no specific, set amount in this case. If a man divorces his wife, he should offer some consolation by giving her some money. You do not know what is best for you. Perhaps Allaah will bring you something good, as Allaah says (interpretation of the meaning):[al-Baqarah 2:216] Turn to Allaah and cling to Him, and delegate your affairs to Him, and do a lot of acts of worship. Allaah will not let His righteous slaves down. We ask Allaah to heal you, grant you well being and decree good for you. And Allaah knows best.
      My ♥ only lets الله‎ in
      ‘O Allah, forgive me, have mercy upon me, guide me, give me health and grant me sustenance.’
      “Once you are real you can't become unreal again. It lasts for always.”

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      • #4
        Re: divorce rights

        sorry click on these

        u cant even read that mess lool

        http://islamqa.info/en/126281 - maintenance

        http://islamqa.info/en/140457 - breakdown from gifts to furniture
        My ♥ only lets الله‎ in
        ‘O Allah, forgive me, have mercy upon me, guide me, give me health and grant me sustenance.’
        “Once you are real you can't become unreal again. It lasts for always.”

        Comment


        • #5
          Re: divorce rights

          :)
          Last edited by dizzyfish; 22-02-15, 03:20 AM.

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