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Question:
Bahishti Zewar - Conditional Divorce - Mas'ala 2 "If anyone said to
wife that if she does certain thing she will have divorce...................;
then if she does that thing, it will be revocable divorce"
Assuming a husband forbids a wife from communicating / meeting with
a certain man - tells her that if she does so in future, she must
consider herself divorced.
The wife subsequently secretly communicates / meets with this man.
What is the status of Nikah / sin for
1) Wife who defies husband?
2) Husband who is not or does not become aware of
communication / meetings?
Answer: Fatwaa no. 128/06
1. If a husband forbids his wife to talk to strange men then she will be sinful by doing so. The wife should be allowed to talk to her Mahaarim i.e. her father, brothers, sons, nephews and uncles. The husband is allowed to stop her from talking to strange men because he has a responsibility over her. Nabi SAW stated in Hadith, "Behold each of you are shepherds and each of you will be questioned regarding your flock; a man will be questioned regarding his family…….." as to how he nurtured them and made their reformation. In another Hadith Nabi SAW said," a woman does not (unjustly) cause harm to her husband in this world except that his wife from the Hoors exclaim," Woe unto you! He is only a visitor to you. Soon he will separate from you and come to us" (Tirmidhi). This Hadith warns that woman who harms her husband unjustly. 2. If the husband is unaware of his wife communicating with a strange man, the same person upon which the Talaaq was made conditional, then the Talaaq will take place. It is upon the wife to confess to her husband her communicating with this man. It is impermissible for her to live with him knowing what the condition was, and knowing that the condition was found. If she doesn't confess and continues to live with him she will be sinful. And Allah Ta’ala knows best Shaakir bin Moulana Yaseen Rahim Attested to as correct by: Mufti Muhammad Ashraf Darul Iftaa Jameah Mahmoodiyah Springs 27 July 2006 01 Rajab 1427 |
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