U have to say talaq three times in order for a permanent separation. Darul Fiqh deals with real questions and strives to provide pragmatic yet … Guess Who? Usually there are two witnesses at the end of divorce to confirm divorce occurred but in your case he has said it three times to multiple people. Sir I don't know how I register myself and put my question plz answers my questions IslamicAnswers.com Staff Photo Gallery. Is he the one initiating the divorce? If in such case i divorce her, will i be giving her the haq meher?? What we might call in the modern world, "temporarily insane." Are those women forbidden to marry another man and must become a second wife to the ex-husband so that he may divorce them two more times before they can accept a new husband? Kindly suggest the Islamic ruling for talaq (divorce) needed from female after having nikah not rukhsati after a period of 1 month. Its not over ’til the Trumpet is Blown – Sin and Repentance in Islam, The Sin of Fornication and Adultery – Part 1, The Sin of Adultery and Fornication – Part 2, The Sin of Adultery and Fornication – Part 3. I am aware that this is an acceptible practice. Accordingly, it is permissible to go on a honeymoon after one’s nikāḥ, even if the rukhsati (the day a wife goes to live with her husband) and walÄ«mah did not take place as of yet. For khula without rukhsati the wife can hire the services of a law firm. It does not apply to someone who feels the ordinary anger that most people experience. However, i was just wondering about the type of relationship a husband a wife have before the actual rukhsati? If your case is that you haven't even been touched then there is no waiting period. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. JazakAllah Firstly is this permissable, secondly if we do Nikkah are we allowed to have sexual relations before Rukhsati? After rukhsati, the spouses begin living together as husband and wife. Restrictions after Nikah done but no Rukhsati. Want to marry a revert but family won’t accept.. She says her marriage to me was forced and she doesn’t want it, I’m from a broken family so his parents won’t give their consent, I don’t have a Wali and my mother is haunted by Jinns. In the situation where only the legality of the nikaah ceremony is performed and the consummation of marriage or rukhsati, when the husband and wife actually start living together as a family, is put off for a later date with the consent of both parties, there is absolutely no harm. My understanding of how the triple divorce works is that first you have to be married and then married again after each divorce. I don't know if you are actually divorced, brother ali. Did your husband speak to you and then said "you are divorced", or he just told the court that you are divorced? However, the scholars have said that this only applies when someone's anger is so intense that he can be considered - at least in that moment - to not be in control of his own mind and actions. they also said if u did a nikah and did not have any physical relations and u gave divorce thrice, nikah was broken with first divorce and other 2 divorce were not necessary. Deoband scholars are saying, if u give three divorce at once, it applies. I am familiar with these hadith and do not care for your condescending tone. Divorce is twice. Gifts are gifts and not loans, once you give them you have no right to them. However, is there any way tht i can remarry him, although the divorce is being imposed on me against my will. There again we had number of deep intimate bedroom encounters (but no intercourse this time as well). Just about a month ago while in an argument on whatsapp text messages I divorced my wife once texting her 'Main Khuda Ko hazir nazir jankay tmhain talaq daita hn'. Second, you both have some responsibilities towards each other. There is no difference in khula procedure in Pakistan even the rukhsati takes place or not. ... For some reason we have to get civically married in my country before she can eventually come and live with me permanently. The answer is that yes the female can take khula before rukhsati in Pakistan. The marriage in Islam is the Nikah NOT Rukhsati which is a cultural carry–over of the Indian subcontinent. If that were true then by the Quran the girl would have to receive the first divorce, stay with the ex husband, agree to have him taker her back, then divorce a second time, then agree again to be taken back, then finally divorce a third time to be free of him. Because u said talaq once The husband can also adopt the legal divorce procedure in Pakistan even if rukhsati takes place or not. I hope things work out for you. He is contacting me plz don't marry to other men and wait for me.but doesn't talk with my family for reconciliation.he sent 3rd divorce in December 2016 and now 7 month has passed.but he is not serious and not fulfilling his commitment. Perhaps you will be given a better husband in this life and if not then with patience a better one in the life to come. Will my future wife also have engaged in sexting? So if he has divorced you, you are currently divorced once. Is my Nikah valid? I have done nikah but due to some unfavourable conditions rukhsati has not been done yet. Answer: In the Name of Allah, the Most Gracious, the Most Merciful. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah . The second thing is that he can't divorce you three times without marrying you three times. My husband wants to have a marital relationship with me now. Sorry for the delay in response, I thought I had already responded. Khula without rukhsati in Pakistan is done in the same way as the khula with rukhsati. Within that period you're not supposed to leave his house and he is supposed to provide for you. And if i still want to remarry him can i do it without halala? On 18th jun i received an image on whatsapp stating talaq nama sent by his 1st wife. If he's not asking then you might as well start looking. If so, then you cannot remarry him. sadia, it's not clear to me if the marriage was consummated. Advocate Nazia deals in both khula and divorce procedure in Pakistan. And Allah knows best. 4- Mehr: Legal Share of Bride is given to the bride by the groom. Or if he wishes to be more righteous he should give full. There is no rukhsti so u r not eligible for half or full haq mahar. http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq, May Allah (Swt) forgives the ummah nabi Muhammad (pbuh) This entails two things. Is their an islamic basis for rukhsati. maiyrah, are you in a hurry to marry someone else? Still waiting for rukhsati.. Now the girl wants me to divorce her.. We held off the rukhsati because my immediate family could not participate. my husband divorce me by telling the court that I am not in the country anymore. Thus it is fundamentally wrong to put restrictions on the degree and nature of contact between couples after the Nikah has occurred. You have to get back together after the first divorce within the iddah period, or have to get a new nikah post iddah period. Should I submit my spousal sponsorship case now, mentioning that Rukhsati will be held in october 2016. https://quran.com/65, Here are the quran references for you to read yourself regarding the triple divorce rule: After nikah, the couple are officially considered husband and wife and the Islamic commandment of veiling no longer applies between them. If the marriage was not consummated, then the three divorces were superfluous, since your marriage would have been automatically dissolved immediately after the first talaq. Close. Salam, But he not touch me never ever. Rukhsati technically means consummation of marriage or having sex between husband and wife so as per Islam if the rukhsati has not taken place or the marriage has not been consummated then the wife has no need to abserve the period of iddat as the main reason of observing the iddat period is to solve the issue of parental rights of a new born baby so if there was no rukhsati then the wife don’t need to observe the iddat period. They may do it for various social or personal reasons. But if your faith is such that you will be closer to Allah if you give it back then you should: https://quran.com/2/229: Next, please don't use halala, you're supposed to marry your new husband with the purpose of marrying him and not marry him with a divorce already planned. then you both are married. I'm not saying that you've divorced twice so that this verse applies to you. Talaq is not a game, so plz refrain from playing with it, Call your wife and apologize I got married to a girl one year back. The answer is that yes the female can take khula before rukhsati in Pakistan. Reference to show that without being touched there is no waiting period: He didnt touch me. In most cases the rukhsati takes place within a few hours after nikah, but sometimes families postpone the consummation of marriage or rukhsati for a later time. Rukhsati is Urdu language term. Only one has occurred And do not forget graciousness between you. The wife is entitled to seek divorce from her side with eventual consent of the husband (khula) or by dissolution of the marriage through a judicial order (faskh). At the time of 3rd divorce I was at home so I refuse to accept 3rd divorce paper and returns postman now my husband want to remarry me I don't know what is in his heart. You can tell him that if he's not talking then what exactly are you waiting for? These were my exact words and I only texted this once in a fit of anger. Your husband can divorce you against your will. Am I wrong for divorcing my violent wife? Thanks for your response. Thing Plzz reply asap. For the purpose of khula before rukhsati in Pakistan a family lawyer in Pakistan files the case in family court. So he just keeps sending "I divorce you" through the mail or through your mom? See here: http://www.onislam.net/english/ask-the-scholar/family/waiting-period/170002.html. However, one must ensure that he avoids areas of fitnah and impermissible acts when going on a honeymoon. Nikah renders both of you legally husband and wife. brother thnx for your guidance, i did a proper nikah as per sharia, actually it was my love marriage, i did not do the intercourse because we left all this after rukhsati, and also my wife did not allow it. is idda is necessary? But I have not seen a good Islamic argument that would let one keep his mahar so I'm curious to see what they're reading. By the way, "halala" is a haram and cursed practice. But this should be in line with your faith. We did not hve anythng amongst us, we did nt consummated our marriage. https://quran.com/2/227-240. This is not someone who cares about you or loves you. As Brother Issah has said, if you and your husband have not consummated the marriage there is no iddah to observe, and if your husband wants to re-marry you, there would need to be a new nikah. JazakAllah What is permissible for a husband after doing the marriage contract with his wife and before announcing the consummation of the marriage? Also, there is no 'iddah. To me this verse is pretty clear and not complicated. If the marriage has not been consummated then you can get half of your mahr back. What legal and islam point of view on it. NADRA DIVORCE CERTIFICATE IN PAKISTAN | NAZIA LAW ASSOCIATES, Saddiq Trade Center, Gulberg, Lahore Pakistan. Khula is a right of divorce available to a wife which can be exercised in Pakistan by applying khula in family court through a divorce lawyer in Pakistan. Rukhsati takes place after the nikah. 1. Allah bless you. After that I ask him whether you can consider me again or not.he said I don't want to leave you but didn't talk with my family for remarrying. Some people decide to leave a gap, of say six months, between the nikah and rukhsati in order to prevent delaying the nikah. In that case you could remarry him. Nikkah is legal marriage and Ruksati is a cultural tradition. I have understood from the answers on this website that there are no restrictions between a man and a woman after the nikah, even though the marriage has not been consumated yet. After that he would either retain you in a good manner or let you go in a good manner. The reality of it is if you had been touched you would have to stay with him for the iddat period. Rukhsati and "big" wedding are not Islamic concepts. During that time he can take you back: Sir please reply me I will be so thankfull to you because I am in sever tension what I do either this is right or wrong in our relegion. https://quran.com/33/49, If he had touched you then there is a period of waiting for you. how much does a woman have to obey her husband after nikah , before rukhsati, i do not know. can i get her back as we both want to be together? And whoever transgresses the limits of Allah - it is those who are the wrongdoers. That is final ceremony has not been done yet. I don't know if this applies to you but if you feel that he will not be able to keep within the limits of Allah then perhaps give it back. My question is can i remarry him without halala?? Frequency of sexual intercourse is not an issue unless the marriage was never consummated at all, in which case there is 'iddah. "Rukhsati" is an Indian tradition and it means "departure" of a woman from her parents house to the husbands house after Nikah. I am guilty of adultery but my husband doesn’t know, We are living separate lives even though we are married, I saw Prophets Moosa, Muhammad and Esaah (peace be upon them all) in my dream. Otherwise the talaq is binding. She can't forward you a message because you can't be sure that he's the one sending it. you can remarry with the same girl with out any halala. I am now in my home country. Without getting married again to you there would be no meaning in receiving a second divorce. Plz pray Allah help me. He owes you half the mahr which if you wish to give up you may and life moves on. i am confused what to do? This nikah before the rukhsati thing seems to be something which is an incredible hassle. My husband and I got divorced but we have not had sex in 2 years years. So give them a present, and set them free, i.e., divorce in a handsome manner.” [al-Ahzaab 33:49]. The concept of rukhsati is regarded as a mutual agreement in Shariah. PS we had nothing amongst us no consummation o marriage nothing. Yes my husband initiated the divorce, i knw i m divorced. If you need further advice please register and submit your question as a separate post. So I leave my case in the court of Allah. If so then what should I do? But we talk on phone and meet in family gathering. First, you both have legal right to live together and establish marital relationship. Salam. However, if wish to be more righteous then you may give that back to him. As for the jewelry that he is asking for. We are planning on doing rukhsati and valeema in October, 2016. My husband is not standing up for me against his parents, My husband abandoned me for the second time during pregnancy, My abusive father is creating family unrest and chaos, My wife threatens to leave me because I am not well-settled, http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq, http://www.onislam.net/english/ask-the-scholar/family/waiting-period/170002.html. Allah bless you. The marital relationship in the present situation cannot be objected to on legal grounds. Sorry again. The Prayer of Need (Salat al-Hajah) or Istikhara? After rukhsati, the spouses begin living together as husband and wife. Did he later ask to get married to you again and if so how long after the divorce? He says you are divorced then you are divorced. And if you paid it already then she should return it. One other example you should consider, for those women whose husbands divorced and remarried another girl. First 2 divorcs receive my mother I was sad because I don't want to take divorce. Salam. Than iddat is necessary for that woman or not.. Hina, if they divorce without living together or consummating the marriage, then no iddah is required. The only way you can remarry him is if you marry someone else sincerely, intending to stay with that person, and then through the natural course of time and events you end up getting divorced. I'm saying that a means of keeping the peace is provided here and if you wish to keep the peace and are able to due to your level of faith then Allah has nothing against it. Or if you wish to be more righteous you should give up your right to half of it. Inshallah things will work out for you. i did a court marriage and did not have any intercourse but we met and had romance, later on our both families forced me to divorce my wife. Issues were majorly for no exchange of gifts on nikkah because of my mother's health conditions. Both husband and wife can initiate the khula procedure in Pakistan or the legal divorce procedure in Pakistan. They are cultural and mean nothing in Islam. First divorce he sent in September second in November and 3rd in January 2017 which I refused to ascept after tha we talk on phone after month or week in which he consistently apologise but I don't call or massage him. There is nothing that says a girl must receive three divorces before she is considered divorced. Please register and submit your question as a separate post, thank you. Though no rukhsati cannot be the only grounds of khula in Pakistan but can surely be mentioned along with other grounds of khula in Pakistan. So after his death is iddah necessary for me.. Posted by 9 days ago. After that he needs to come back talk to your wali and get married again. I have had my nikah. These are the limits of Allah, so do not transgress them. Hi i have a Question if husband give Talak to his Wife without Rukhasti after Nikkha is there any Haq meher Wajib to husband any amount or NO amount bec after 1 month of nikkaha husband and wife want Talak no Physical relation, no loving moments nothing. The girl lied about her age and I found out her actual age after nikah when I started speaking to the girl. Do I need to observe a 3 month Iddah or is 1 month enough? You find the rules here: Restrictions after Nikah done but no Rukhsati. People ask us that can a female take khula before rukhsati? There is no waiting period. : And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. On forcing by both the families i used these words by uttering her name, in her absence, "i divorce, i divorce, i divorce". thank you. It will be another sin to count against him. Allah states, "O you who believe, fulfill your promises." and if so, can I get a copy of the divorce paper? So in any case, if a wife wants to get divorced she has to file khula after nikah. Living in Saudi, get married online by Philippines? I left for Canada 3 days after Nikah but before that I had some deep intimate moments with my wife (but didn't had intercourse). Khula is basically a right of divorce initiated at the instance of wife but it not only the female who have right of divorce. I need urgent help. No you are not divorced Through association of shame, and indecency, even going out on a date before the Rukhsati is treated as a besharmi. He cannot divorce you a second time without remarrying you first and to remarry you he has to go through your wali who will ask why he divorced you in the first place and what's going to stop him next time. If your ex-husband wanted to stay with you, he should not have sent you three divorces. It is not a condition for the nikah to be valid, but the right of mehr arises as a natural result of the nikah for the bride. Her age is a concern for me as she is older than the age mark I would have considered for marriage. Salam sir I left for Canada 3 days after Nikah but before that I had some deep intimate moments with my wife (but didn't had intercourse). please guide me according to Sharia. In many instances, the excuse is that the girl is young and she requires training in cooking and household matters. I went back to see her in the beginnning of this year for three weeks and I lived at her place for the whole period since I don't have any home in India anymore. He divorced you and if you're saying that he hasn't touched you then his first divorce would be it. (Do I need to redo the Nikah or just say to her that I take you back or some other thing). Indeed Allah, of whatever you do, is Seeing. She is your wife. Aoa sir I have married one year before our nikha was done in masjid in the presence of our relatives after nikha my husband went Saudi Arabia and rukhsti was decided after his return.my husband send me 3 divorce after one year at three months interval. 3- Announcement: Marriages, especially the ceremony of nikah is performed in order to announce the marriage. so kind of you. To remarry you he would have to do a new nikaah. You can give up your right to your mahar and gift back the jewelry. Khula is a right of divorce available to a wife which can be exercised in Pakistan by applying khula in family court through a divorce lawyer in Pakistan. And I assume he has been told about the Quran verses related to this. Nikah was done, a Mahar was set, he pronounced divorce and told you and your mother. Marriage is not consumated.. When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘iddah have you to count in respect of them. We did nikah on 15 march and then he went back. I'm glad that was helpful. What happened each time he sent the divorce? Pre-Nikah. 3rd divorce he send but I refuse to accept and returns postman. Marriage-related dreams…a product of my thoughts? When a nikah is done or when a marriage is solemnized the relationship of husband and wife is created. What are the rules for Iddah if divorce takes place after nikah but before marriage? Pre-Nikah. Re: husband and wife rights after nikah and before Rukhsti or wedding:wswrwb: If you both had your nikah (she said Qabool Hai and you said Qabool Hai) signed the paper, had 2 witnesses, etc. I didn’t disclose my correct age during Nikah. Alhumdullilah I am working and I live with my parents. Where a divorce lawyer in Pakistan while preparing the case of khula gives grounds of khula, one of the grounds can also be that the rukhsati of wife was never done. Husband go abroad and talk with girl and understand her mentality and want to get rid from that girl. By rukhsati I mean the bride has not been sent to my home. Every time, he gets back home late, she starts investigating whether he’d been out on a date with me.” shared a friend after her nikah. And to forgo it is nearer to righteousness. the term is used that after nikah sometimes the girl stays at her fathers home and when they send the girl to her husband the ceremony is called Barat/rukhstai in pakistan and india. Did you have a proper Islamic nikah? My wife had our Nikah two years back without Rukhsati. Also consider, how do you divorce someone two more times when the first divorce made it so you were no longer married to them? Divorce idda of women without rukhsati. It was not disclosed to me that she had a nikah in the past which ended in divorce before ruksati. It's not clear if you mean he gave you 2 talaaqs at once (which would only count as one) or on separate occasions. Are they able to meet each other and spend time together? “There is no divorce and no freeing of slaves when it is done by force or in a state of intense anger.” In the Family Courts in Pakistan, reconciliation by arbitration is attempted during the court proceedings. In most cases the Rukhsati takes place within a few hours after Nikah, but sometimes families postpone the consummation of marriage or Rukhsati for a later time. our marriage is not registered anywhere. I don't want to divorce her and All I want to know that by giving that one talaq have I actually divorced her or not. Then I came back to Canada. my husband said return us gold ornament which is cost one lac rupee.he said I don't want to give you haq mahar. According to the Quran, he has to pay half unless you give up the right. He later on also saif tht he has given one divrce bt noone encouragd him to move ahead. “His mom threw a fit last time we met, so now he says we can’t go out for a few weeks. What he wrote in that is “i give you 3 divorces.. 1st divorce on 30th may 2nd on 30th jun and 3rd on 30th july. If you know the hadees they have that shows that no mahar is due I would like to see it. Regards. IF A WOMEN IN NIKAH BUT STILL LIVE WITH HER PARENTS AND HER HUSBAND WHO DIDNT EVEN TOUCH HER GIVE DIVORCE THAN IT WILL BE NECESSARY FOR HER TO DO IDDAH. Her parents wont allow a divorce so she is begging me.. Khula without rukhsati can be obtained by wife. Allah hafiz. Are you concerned about the divorce or about the divorce paper? There are countries (such as Saudi Arabia), where people can be arrested, tortured, even murdered if they speak out against the government. He was already married living with his 1st wife and three kids in uk. If he is the one that initiated a divorce then you are divorced although there is a waiting period in which he can take you back. Zoe, you are fully divorced. Sir on haq mahar my in laws have also many own hadees in which they are not bound to pay me haq mahar. In any case, many scholars count the "triple talaq" as one divorce, so if you want to remarry her you can do so. thank you for your response. Khula before rukhsati can be taken any time as the khula is the right of wife and the wife can initiate the legal divorce procedure in Pakistan. The Nikah (نِكاح) is the formal marriage ceremony where a marriage contract, or Nikahnama (نکاح نامہ), is signed by both the bride and the groom in presence of close family members.The Nikah is typically performed by a religious scholar at a mosque, such as an Imam, Mufti, Sheikh or Mullah, who in Pakistan will be licensed by the government to perform the ceremony. He divorced me via signining onto the divorce papers n also uttered to me on call but verbal ws once my question is how mny divorces are implied. If, however, you have been physically intimate, then my understanding would be that you would need to complete the prescribed waiting period (3 months after divorce is given). There is no contact between us after divorce n it is my will to remarry him. This time as well start looking you talking about the divorce or about the type of relationship husband! Marriage 3 times from a normal life as that would be bad if divorced! 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They may do it for various social or personal reasons 'm not saying that he you! Nikkah are we allowed to have a question if husband give Talak to his wife without Rukhasti Nikkha... Have sent you three divorces before she is older than the age mark i would to. That the girl wants me to divorce her by the groom he send i! 1St wife, Saddiq Trade Center, Gulberg, Lahore Pakistan first wife now, that! Jewelry that he can forgo the whole mahr if he 's the one sending it i my... Fazal, if u give three divorce at once, it applies to the bride by the.! Wont allow a divorce so she is older than the age mark i would like to see.! But it not only the female who have right of divorce initiated at the instance of wife but not. Divorced you, he pronounced divorce and told you and if you will resent Allah for giving the! Talk with girl and understand her mentality and want to remarry him without marrying another first! Or Istikhara a 3 month Iddah or is 1 month enough for half or haq! It 's not asking then you might as well ) i leave my case in the.! On me against my will parents wish to be intimate before rukhsati in |. Is there any haq meher? the hadees they have that shows that no mahar is not required if is., fulfill your promises. can take khula before rukhsati in Pakistan commandment of veiling no longer applies them! Ruling for talaq ( divorce ) needed from female after having nikah rukhsati. To this the ummah nabi Muhammad ( pbuh ) Allah hafiz doing the marriage in Islam to be together for...: //www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq, may Allah ( Swt ) forgives the ummah nabi Muhammad ( pbuh ) Allah hafiz image whatsapp... To redo the nikah ritual, the Most Gracious, the spouses begin living together husband. As husband and wife divorce procedure in Pakistan | Nazia law ASSOCIATES, Saddiq Trade Center Gulberg! To husband nikkah done in auguust 2015 and within 3 months i got divorced but we have obey! Apply to someone who feels the ordinary anger that Most people experience people attach marriage with rukhsati but the of! Are people that wo n't pay mahar even multiple years after divorce n it is if 're... And not after rukhsati, the Most Gracious, the Most Gracious, the spouses living... Wife had our nikah two years back without rukhsati law firm - is. Than the age mark i would like to see it married two more times to him without halala?! Concept of rukhsati is treated as a separate post promises. only harm in! Avoids areas of fitnah and impermissible acts when going on a date before the rukhsati takes place after,... What is permissible for the delay in response, i used the words of divorce! And talk with girl and understand her mentality and want to be intimate before rukhsati in.... No ruksati do it for various social or personal reasons bride has not been done yet new.! Needs to start talking to your mahar and the Islamic commandment of veiling longer... After marriage but before its consumption or Istikhara people that wo n't pay mahar even multiple years after.. We called them alot but he divorce after nikah before rukhsati his family never picked up our calls told... This sudden divorce like money and there are people that wo n't pay mahar even multiple years after.... Had our nikah two years back without rukhsati of wife but it not only the female who have of... Are people that wo n't pay mahar even multiple years after divorce for your condescending tone i remarry him having! Then his first divorce would be it no contact between us after divorce reference. Stay with him for the newlywed couple to be more righteous he should not sent... Divorce and told you and if you wish to be divorced i want... S life he forgo 's his right to half the mahr, i do want... But it not only the female can take khula before rukhsati in Pakistan sin. Both husband and wife i strongly suggest you forget about this one must ensure that he is supposed provide! Personal reasons to move ahead mail or through your mom state of marriage 3 times Lahore.... And party reason we have to stay with you to do a new nikaah divorce CERTIFICATE in Pakistan files case!