Thursday | 29 October 2020 | 12 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 675 Category: Dealings and Transactions
Talaq/Divorce

I am seeking the help of in the light of Islam . First time I married back in Pakistan . It was just Nikah. I filed a petition for my First husband .  I filed a immigration petition for him.  Later on I found out he is married. So I withdraw immigration petition.
I got remarried another man. He asked for my hand through mutual friend
He approached my family. We told him about my first Nikah . He wanted to see the divorce papers.  My first husband divorced me over the pone. We contacted in Pakistan and get the divorce paper. And showed to my husband. We got married but he hide his legal status  from us. After some time I I found out he is illegal that time my daughter was so small. He was keep telling me that he has work permit. He is allowed to work in United state. He forced me to file a petition for him. I filed a petition for him . He always hide his money. He ruined my credit. 
He forced me to file a petition for him. I did that. It took so long to approved. We had interview. He got arrested. He told lied to immigration officer that he was arrested they asked  to provide that paper. He also hide his entry in United state. 
Immigration officer asked for proof of entry through mail later on I found entry slip in safe deposit. I asked him why you did not provide them ? He took that slip from me and burnt it.
I provide him the divorce letter before we got married. He has that. He asked me to get another one I told him that all I have. I already provided them. Immigration wants another divorce letter tested one. I told him this divorce letter is already tested. I am from small town. We have this kind of divorce letter through attorney. I will try to another one.  He said no need.  He also provide them joint closed bank statement to immigration .
The case was denied back in August. He was kept telling me that I will give you divorce and mentally harassing me.  He is not giving me any money.  His family is not accepting me. They want him to get re married again. His brother told me in from of me
He asked me yesterday to let my daughter to go with him to visit his family. I was not comfortable to send her alone. I did not let her go. Today morning he fight again and blamed on me that I took $20.00 form his pocket. I told him I did not take it.  I do not need money. He said Talaq , talaq , talaq and left the house
I want help in light of Islam
What I should do know.
What are my rights in Islam being as mom
How I should process for all this
Pleas help me to get through this situation in light and guidance of Islam
JazakAllah Khair

الجواب وبالله التوفيق

 

If the details explained in your question are exactly according to situation that happened, then no doubt, your husband’s actions including hiding his legal status from you, using your credit cards, not providing for your living expenses and accusing you of such a minor amount of money to make an excuse for divorcing you are actions showing extreme thoughtlessness and injustice with you. For these injustices and nonfulfillment of your rights, he will be responsible and answerable in front of Allah Subhanahu Wa Ta‘ala.

Now three divorces have taken effect and it is mandatory for you to perform your ‘iddah. Which means that you should not leave your house without extreme need and refrain from adorning or embellishing yourself at home. The period of ‘iddah is equal to three menstrual cycles. After the completion of your ‘iddah you are free to perform Nikah with anyone (but your ex-husband).

As a mother you have the right to bring up your daughter until she becomes baligh. After she becomes baligh, the father has the right to claim this responsibility according to the teachings of the Islamic Shari‘ah.

واللہ اعلم بالصواب