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robina
UNITED ARAB EMIRATES
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 Topic initiated on Monday, June 26, 2006 - 9:00 PM 
Did my divorce happen?
My husband has given divorce to me 3 times.
First, oral, twelve years before without intention(niyyat)to teach wife a lesson.
Second,oral infront of 2 male witnesses,wife didnt hear, she was in another room, 12 years later.
Third, after 1 year, it was written.
The husband refuses to accept that he doesnt accept the first because he didnt intend,i.e. niyyat was not involved.
According to Shafi Fiqa, they say it is void because "Doings are based on Intentions"
Reply on kascy786@yahoo.com |
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ibrahim
PAKISTAN
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 Posted - Tuesday, June 27, 2006 - 10:55 AM 
Well ur Case is quite interesting & it looks that U both AGREE that 2 Talaaq has Happened & there is Doubt in the 3rd. If I'm right then If ur Husband Admits b4 the People that he has NOT given the 3rd Talaaq then:
If it has NOT passed 3 months since the Last Talaaq then HE can Come back to U without Nikaah
But
If it has passed 3 months since the Last Talaaq then if U BOTH want to remarry eachother then U can Unite again with a FRESH nikaah with right of only ONE Talaaq will LEFT for ur Husband
Regards
Hafiz Ibrahim
hibraahim@yahoo.com |
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robina
UNITED ARAB EMIRATES
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Posted - Tuesday, June 27, 2006 - 5:40 PM
| sir i read ur answer first talaaq my husband say word talaq but after one day we met.theen after 12 year he give second and after one year third.but problem is this my husband say first talaq is not done.because ihave no nayat.and he thinks after rojooh first talaq is finished.cnfousing this naayt is important in divorce matter.here shrrah court give diccison divorce is done.but we consult shafi fiqa divorce not done.because nayat is important in aldoing.quoted hadith.plz give detail ans. |
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sahira
UNITED KINGDOM
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Posted - Tuesday, June 27, 2006 - 10:38 PM
brother ibrahim salaam
explain to me if three talaqs are done and accepted wouldnt the lady have to marry some-one eles then get divorce and only then she can re-marry her first husband??? |
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ibrahim
PAKISTAN
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Posted - Wednesday, June 28, 2006 - 9:11 AM
well sister Robina U need to note here that:
Saying word of Talaaq w.out the Niyyat of Talaaq is a Different matter & if ur Husband swears b4 ur & his own relatives that he said the 1st Tallaq words w.out Intention only THEN we can Impose TWO talaaqs.
2ndly here ur Husband is WRONG that After RUJOO' 1st Talaaq is Finished. He shud NOTE that Rujoo' means that Talaaq was Given BUT NOT Imposed. & it'll Also mean that Out of the RIGHT of 3 Talaaqs ONE has been used.
&
sister Sahira! U r Right BUT the problem here is That there is a DISPUTE in ONE talaaq. |
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robina
UNITED ARAB EMIRATES
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Posted - Wednesday, June 28, 2006 - 10:20 AM
"he said the 1st Tallaq words w.out Intention only THEN we can Impose TWO talaaqs."
Assalamualakim, sir!
I didnt understand what u mean to say. How can he impose 2 talaaks. what is the difference between give and impose.?
The situation is my husband says that I have not given the first talaak with intention and after saying the first talaak words, he has also given me the rest two, with intervals.
Both of us went to the Shriat Court AbuDhabi and they said that according to MALAKI Fiqha, your talaak is done.The court then forwarded us to Shafi Fiqha,the maulana made my husband read some suras and Istagfar and said that 2 talaks are done but first one is void (undone)because u didnt intend.
He has used the other 2 talaaks after the first.
After the 3rd Talaak, it is now one year.
I am in complete doubt since then, please guide me and clarify this matter . What is Allah and Rasool's orders? Is my talaak still undone according to this Fiqa.? |
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sahira
UNITED KINGDOM
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Posted - Wednesday, June 28, 2006 - 10:23 AM
sister robina salaam can i ask its personal matter you do not have to reply are you still living with your husband? and do you still want to be with him?
thank you brother ibrahim |
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ibrahim
PAKISTAN
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Posted - Wednesday, June 28, 2006 - 11:41 AM
wa Alaikum us Salaam sister Robina
1st u shud recall the RULE of TALAAQ in ur Mind. It says that:
1- A Husband can Divorce his wife at the most 3 times. If he is intended to use one he shud do it b4 going to his wife right after her menses.
2- Twice he can take BACK his wife (right to Rujoo') but cannot after the 3rd.
3- He can use his right of Rujoo' ONLY during the IDDAT (3 menses) period.
4- If this right is NOT USED during the IDDAT period then BOTH can remarry if the want to ONLY after the 1st & 2nd Talaaq.
Now after this Brief Sammary, according to MY understanding of ur CASE, u BOTH are STILL wife & husband. He has used his 2 Talaaqs from the Total of 3 & NOW he has left w right of ONLY ONE Talaaq; the 3rd one after which NO chances of remarring Normally.
(well there may be a chance after the 3rd one If the condition desribed above by sis Sahira fulfilled)
When I say that a Talaaq was Imposed, I mean that BOTH spouses have Seperated. Otherwise I wud say that The Talaaq was given But Taken Back (w Rujoo')
I hope that it is Clear NOW but if it is STILL not clear then U may have a CHAT w me on Yahoo messenger within next HOUR or u can fone me at 0092 345 4070 493 |
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robina
UNITED ARAB EMIRATES
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Posted - Wednesday, June 28, 2006 - 2:13 PM
| assalamualkim, sir thank u for reply. which i have understand only two talaaq has done.first talaaq which my husband said without nayath. it was not valid and it has not importance.only one chance has left.In this matter nayth is important saying words are not. Am i right |
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robina
UNITED ARAB EMIRATES
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Posted - Wednesday, June 28, 2006 - 3:40 PM
quote:
sister robina salaam can i ask its personal matter you do not have to reply are you still living with your husband? and do you still want to be with him?
salam, sister.yes i am still living with my husband. but my husband's attitude is not good. I have four young childern. I dont want to live with him.
Edited by: ibrahim on Thursday, June 29, 2006 12:21 PM |
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ibrahim
PAKISTAN
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Posted - Friday, June 30, 2006 - 8:22 AM
yes U r right sister Robina
BUT
I'm astonish to know that U don't want to live w him but STILL u did not try to confirm ur Divorce so that you may seperate from him & U May have find a GOOD Husband. |
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robina
UNITED ARAB EMIRATES
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Posted - Friday, June 30, 2006 - 9:53 AM
| salam, its true that i dont want to live him.but problem is this ihave no shelter. my parents are died. my brother and sister dont want to help me. what i should do.but now my patience is end. I must want a proper solution.which make my life calam. |
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ibrahim
PAKISTAN
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Posted - Friday, June 30, 2006 - 10:50 AM
| May Allah help you & bring Happiness in ur Life. Aameen |
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Nauman
PAKISTAN
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Posted - Friday, June 30, 2006 - 6:38 PM
Dear Robina,
There must be a women association for the welfare of the women like you in U.A.E. I think you should talk to them about your problem and see what they can do for you. |
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robina
UNITED ARAB EMIRATES
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Posted - Saturday, July 1, 2006 - 6:49 AM
| salam Numan,thank u,4 ur replaying. in U.A.E. there is no woman welfare. only for local woman welfare not for others counties woman.Ialways pray my God when he help me. and i pray everyone Allah kisi ko beshara na kere. like me. |
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Nauman
PAKISTAN
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Posted - Saturday, July 1, 2006 - 11:09 AM
Dear Robina,
Have you talked to them? These organisations have international links also. I heard that there is an NGO by the name of Emirates Human Rights Association (EHRA).
You can also contact Human Right Commision of Pakistan at hrcp@cyber.net.pk Website: http://www.hrcp-web.org/ |
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