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Fatwa Answer

Question ID: 1510 Category: Marriage and Divorce
Dissolution of Marriage

Assalamoalikum, 

I am going through a divorce and have following questions and would appreciate if I can get the Islamic ruling/fatwah for them. 

1-      What is Islamic way/ruling for calling out for a Divorce? How it should be given? Should all three be given at the same time?  

2-      I have three children 8yr-9month Son, a 5 years-4 months daughter and 3 years-10-month son. In case of divorce what is the Islamic law for the children custody, should it be given to the father or mother? 

3-      After mother who has the right on the children per Islamic law? 

4-      What is the responsibility of the husband over x-wife after the divorce? And for how long the man has to fulfil this right of x-wife? 

5-      What is the Islamic ruling in regards to child expense & alimony on father or mother, after the Divorce? 

6-      If all the property, house mortgage, vehicles, 401k and bank account is under Husband’s name then as per Islamic law what should be the share of x-wife after divorce on the property, wealth, asset and debt? 

7-      What is the ruling per Islamic law for the gold jewelry in the possession? 

8-      If husband is liable for the legal fee occurred by the wife during the Divorce process? 

An early response will be highly appreciated. 

Jazak Allah!

Imran Siddiqui 

Imsiddiqui79@hotmail.com 

(630) 666 9139 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

1.  The best way to divorce is that during the state of wife’s purity, and during which intercourse had not taken place with his wife; give her a single divorce and then leave her alone, until period of “Iddah” has passed. It is also permissible to give one divorce every month, per the above two conditions, resulting in three divorces in three months. It is not permissible to give three divorces at the same time, it is a sim. But if so given, all three will apply.

2.  After divorce, if the child is a boy, the mother will have the right of upbringing him for up to seven years, during which he will stay with her. After that, the father will have the right to take him under his guardianship. 

3. Rules regarding custody of children vary per children’s ages based on gender of the child.

4. If a woman remarries her ex-husband, it is obvious that the children will remain under the joint custodianship of mother and father.

5. But, if a woman marries a non-mahram after divorce, then the mother’s right of upbringing ceases, and the custodianship of children will transfer in sequential order to the following:

a. maternal grandmother.

b. paternal grandmother.

c. real sisters (elder).

d. mother’s sisters.

e. father’s sisters.

f.  maternal nieces.

g.  paternal nieces.

h. and so on.

6. After divorce, the husband is required to provide sustenance  and accommodation only during his wife's iddah’ period, but none after the expiry of ‘Iddah'. Similarly, if the husband has not yet paid the dower to his wife, then payment of the dower becomes compulsory at this time.

It should be noted that after divorce, the provision of sustenance during the period of ‘Iddah’ becomes binding on the husband only when the wife observes that period at the place her husband wants her to stay. 

The husband will spend according to his financial means only, and It is not right to ask for more than his capacity. 

7. The children's expenses are on the father and not on the mother, therefore, their expenses will be borne by the father in a reasonable manner, necessary for the children’s upbringing. For example, food and clothing, etc. and in this, the father will have full control over what he feeds his children what he makes them wear and what to teach them etc. 

If children need treatment, he will provide treatment wherever he wants and according to his financial capabilities. It is not permissible to burden him beyond his preference and  capacity.

8. After divorce, the wife will have no right over her husband's properties, like the car, house, bank account or anything else. They will all be the husband's property, and it is not permissible for the wife to make such demands. Except if the wife bought the car or anything else with her own money, then it will belong to her, she can take it back, but she will have no claim on items owned by the husband. 

 

9. Jewelry generally belongs to the woman, so that shall be given to her. It is not permissible to take it back from her after divorce.

Unless, clarified at the time of marriage, or the accepted society norms authorize the husband or his family to keep jewelry under their ownership, then it would be just fair and acceptable for the husband to take back the jewelry upon divorce.  

10. If the divorce is initiated by the wife, the legal expenses will borne by the wife and not the husband.