Wednesday | 07 December 2022 | 12 Jamadiul-Awal 1444
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Fatwa Answer

Question ID: 1579 Category: Marriage and Divorce
Responsibility on us with Father's Ex-wife

Aslkm Mufti Sahab,

My father got married to a divorce lady in US, my father is from india he works in saudi arabia, he travelled to US and got married there probably 1 decade back.

he didnt introduced us to them. we dont have any problem with his second marriage.

my father's second wife (divorce lady) was already having 3 children with her first marriage.

we asked our father many times about my step mother, how and where she is, he never told anything and just kept quite.

once he made me to speak to her on phone for reason of just a casual meet and greet, i happily spoke to her and there was no any issue.

as i was having her number with me (father's second wife) so i casually called her.

she said that her relationship with my father no more exists and Tallaq occured. i told sorry to her, and she told me to convey this message to my father -- "to send Tallaq papers" 

now my question is if the Tallaq is over(My father never told me about this -- i heard from her only), she is still as a Mother to me.

i have to keep calling as a part of motherly care and should i need to speak to their 3 children also.

my father is in india and never again travelled to US.

and as said by my step mother that Tallaq is over -- stil she holds the share in the properties of inheritence of my father in future.

and as our religion clearly reminds to do qidmat to one's parents -- should I need to speak to her on regularly basis as a Mother or not.

Jazakallah for answering 

 

 

 

 

 

 

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

1. The Shari'ah gives the right of divorce to the husband and not to the wife. Therefore, if the stepmother divorced her husband by any means and the husband did not have any involvement in this, divorce will not be enforced. Find out the specific ruling by writing down the exact situation that had arisen between both.

2. he stepmother is at the behest of the mother for the children. As the Holy Qur'an has commanded the rights of the real mother and to treat her kindly; in the same way, the sanctity of the stepmother and her reverence and respect has been mentioned in the Shari'ah. So, you must treat your stepmother well and treat her with respect and dignity. If she needs any kind service, she should be served as best as possible. 

3. The children of the stepmother from her first husband are strangers to you therefore relationship with those siblings are not permissible. If they need assistance, you can help them. However, it should be noted that the same rules that apply to strangers will also apply to them. 

4. When your stepmother gets divorced and the 'iddah’ has passed, she will become a stranger to your father, and as a result, she will not have any share in your father's property in inheritance.

وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا۔ 

(النساء: ۲۲)

فقط ۔واللہ اعلم واتم