A1: According to the holy religion of Islam, the right of divorce is with man but if a woman cannot live with her husband, due to some reason, like if the man beats her or he is extremely ill – behaved which makes the woman to live a very hard life with him, in this case she can refer to a Marja’ (a jurisprudent) and ask him for a divorce. If she has none of the above reasons, she cannot refer.
Q2: My question is regarding divorce. A man doesn't want to divorce his wife. Is it possible for the woman to get a divorce. That means some women say that they forgive their dowry (Mahr) and get divorced (Talagh Khula). But is Khula divorce possible without the man's permission. I am looking forward to hearing from you soon.
A2: Divorce is a man's right but sometimes a woman gets the consent of her husband by telling him ‘I give up part of or my entire Mahr (dowry) that you may divorce me.” This is called Khula’ divorce. In any case, divorce is a right in husband’s hand. In other words, even though the wife may give up her dowry, it is the husband who should decide to divorce or not to divorce.
It is only in terms of authorization (Tawkil) that a woman can divorce herself on behalf of her husband according to the conditions stipulated in the marriage contract.
Q3: I am married for three years and I have a son of only one month but my wife has started to behave badly with me saying bad words and denying my orders. She is also thinking of divorce. Now my question is if I give her divorce who is my son going to live with? Second option is that I go abroad for studies or work and when my son is two years old I come back and take him with me. Third option is that I live with her but without talking to her in another room but giving her naan o naqfa (maintenance) it needs to be mentioned that she is not interested in having sex with me nor does she want me to come near her.
A3: Try to work things out with your wife. In the case of divorce, the mother has the right of keeping the son for up to two years. If she refuses to sleep with you under any circumstances, then choose the second option. Q4: What do the Qur’an and Sunnah say about providing the wife with maintenance after the divorce, while the dowry has been fully paid and there is no child?
A4: Once the waiting period (iddah) has terminated, the wife is responsible for her own expenses. Her divorced husband is under no obligation to pay for her. But if the divorce is revocable then the husband should pay her expenses for the duration of the waiting period. Maintenance, including clothes, housing, and food, must be according to the wife's dignity. The husband should not expel the wife from the house during the waiting period. Q5: Should a husband give one half of his property to the wife after a divorce?
A5: It is not compatible with Islamic law. If at the moment of engagement, they both, husband and wife, stipulated that by getting divorced the husband must give half of his wealth to his wife, then he must act upon such a condition. Q6: I know of a case where the wife was married to a violent husband from another country and he wants to take custody of the child and take her back to his original country. This will mean the mother will never see the child again. He is not regular in his visits to see the child and has threatened to have someone infect the mother with AIDS. He is fighting in the non-- Muslim courts for custody of the child who is a dual-- citizen. Is there any halal way for the mother to keep her daughter permanently or is it Islamically correct for him to take the child back to his country -- where he has promised that the mother will never see the daughter again? I am seeking advice on this situation. The husband has a story also but I believe the mother more than him. Could you please advise her (through me) on this situation.
A6: Up until the end of the seventh year, custody of girl is the mother’s right, and thereafter it is the right of his father, and in Islam there is no way for the mother to have permanent custody, yes, if the father dies, the right of custody of the child, whether male and female, is the mother's.
But in this specific case, it has to be stated that the Holy Prophet of Islam called divorce and separation the most hated things. Based on this, it is better that with your guidance and that of other family friends, and for their child's future well being that they stay together.
Q7: I am married to my first cousin who was born in UK. Due to certain family feud between my family and hers, we are so distant from each other now that reconciliation seems very impossible. She does not have any respect and feeling for me. She has asked for TALAQ for many times. I have not said any word up till now. Let me clear one thing that I am not interested in any other woman at present. My question to Grand Ayatollah is what I should do here when wife is very abusive and demands for Talaq. I also am very up set about my two children and their future. I will be highly thankful to you for your Shari advice.
A7:Bearing in mind that you are a close relative of your wife, the solution is that you ask some of caring relatives to intervene so that God willing, peace and harmony be established in your family. Of course, this will take your sacrifice and overlooking, also. In the meantime, talk to your wife and remind her about the children’s future, because based on conclusive statistics, most juvenile delinquents are the results of conflicts in the family and (disputes) between the mother and father. At the same time, both keep in mind and mention to your wife, that it has been related that the Holy Prophet (S) said that the thing he hated most is divorce and that the best foundation is building a family. May God, Insha Alah, straighten out your affairs.
Q8: I have doubt about my husband's faith and am not sure, if he is a Muslim or a Kafir. I want to seperate from him? Do I need a divorce?
A8: If your husband is really Kafir (an unbeliever) and it has been proved to you that he is so, there would be no need for a divorce. But if he believes in God and in the Prophet (pbuh), he must divorce you in order for you to separate from him.
A2: If a person doubts after the second Sajdah, whether he has performed 2, 3 or 4 Rak’ats, he should decide that he has performed 4 Rak’ats. After completing the prayers, he should perform 2 Rak’ats of Namaz-e-Ihtiyat standing, and 2 Rak’ats in the sitting position. But if after the first Sajdah or before rising head from the second one, one of those 3 doubts occurs, he/she may stop and offer Namaz again.
Meanwhile, if you doubt between 3 and 4 or 2 and 4 Rak’ats, you should assume that you have offered 4 Rak’ats. If you assumed that you have offered 2 Rak’ats and then you offered 2 more Rak’ats connectedly, your prayers would be batil (void) and you need to revise them.
Q2: Can you let me know some of the valid doubts in prayer?
A2: There are nine situation in which a person can have doubts about the number of Rak’ats in the Namaz consisting of four Rak’ats. In those situations, one should pause to think, and if he arrives at any decision or probability, he should act accordingly. If doubt persists, he should follow these rules:
I. After the second Sajdah, if a person doubts whether he has performed 2 Rak’ats or 3, he should assume that he has performed 3 Rak’ats, and finish the prayers after performing one more Rak’at. And after finishing the prayers he should offer, as a precaution, 1 Rak’at of Namaz-e-Ihtiyat standing, or two Rak’ats sitting according to rules which will be mentioned later.
II. If after the second Sajdah, a person doubts whether he has performed 2 or 4 Rak’ats, he should decide that he has performed 4 Rak’ats and finish his prayers. He should then stand up to offer 2 Rak’ats of Namaz-e-Ihtiyat.
III. If a person doubts after the second Sajdah, whether he has performed 2, 3 or 4 Rak’ats, he should decide that he has performed 4 Rak’ats. After completing the prayers, he should perform 2 Rak’ats of Namaz-e-Ihtiyat standing, and 2 Rak’ats in the sitting position. But if after the first Sajdah or before rising head from the second one, one of those 3 doubts occurs, he/she may stop and offer Namaz again.
IV. If a person doubts after the second Sajdah, as to whether he has performed 4 or 5 Rak’ats, he should decide that he has performed 4 Rak’ats and finish his prayers. After that he should perform two Sajdatus Sahv. But if one of 3 doubts occurs after the first Sajdah or before rising from the second one, he/she must act according to the said rule and, as an obligatory precaution, pray again.
V. If a person doubts at any stage during his prayers whether he has performed 3 or 4 Rak’ats, he should decide that he has performed 4 Rak’ats and finish his prayers. Thereafter, he should offer Namaz-e-Ihtiyat of 1 Rak’at standing or of 2 Rak’ats in the sitting position.
VI. If a person doubts while standing as to whether he has performed 4 Rak’ats or 5, he should sit down and recite Tashahhud and the Salam of prayers. Then he should stand up to offer Namaz-e-Ihtiyat of 1 Rak’at, or give 2 Rak’ats while sitting.
VII. If one doubts while standing whether he has performed three or five Rak’ats, he should sit down and read Tashahhud and Salam to finish the prayers. After that, he should offer 2 Rak’ats of Namaz-e-Ihtiyat standing.
VIII. If a person doubts while standing as to whether he has offered 3, 4 or 5 Rak’ats, he should sit down and recite Tashahhud and Salam of the prayers. Thereafter, he should offer Namaz-e-Ihtiyat of 2 Rak’ats standing and another 2 Rak’ats in the sitting position.
IX. If a person doubts while standing whether he has performed 5 or 6 Rak’ats, he should sit down and recite Tashahhud and Salam of the prayers. Thereafter, he should perform two Sajdatus Sahv.
For more details, kindly, refer to the Resalah of His Eminence.
Death Related Issues
A1: If a person is in the throes of death it is Mustahab to recite by his side Surah Yasin, Surah as-Saffat, Surah al-Ahzab, Ayat al-Kursi and 54th verse of Surah al-A’raf, “Ana Rabokom...” and the last three verses of Surah al-Baqarah. In fact it is better to recite as much from the Holy Qur’an as possible.
Q2: If a Muslim man or woman dies, what should those who are around him/her do?
A2: A Muslim who is dying, whether man or woman, old or young, should be laid on his/her back if possible, in such a manner that the soles of his/her feet would face the Qibla. It is not possible to lay him/her in this way, this rule should be observed only as far as possible and if laying of the person is not possible at all, he/she must be sited to face Qibla and if this is not possible, he/she must be laid to right or left side facing Qibla.
Q3: There is a woman whose husband has died. She wants to know how long she should wait until she can go through marriage with another man?
A3: She must wait in Iddah for four months and ten days. She cannot marry before the waiting period is over.
A1: Dissimulation (Taqiyah) in Shi'a means concealing your belief in anticipation of damage or injury and it is not only permitted but also it becomes sometimes obligatory.
Islamic Dress Code
A1: The principle of ‘ Hijab’, Islamic covering, is one of the certainties and indisputable things in Islam, which has been ordained in the Holy Qur’an. Women must cover their entire body and their hair, with the exception of the hands and face, in the presence of strangers [non-mahrams]. It is not permitted for women to wear provocative clothing in the presence of strangers. You can wear a long dress and scarf, or a chador if you wish.
Q2: What is the complete dress code for Muslim women in the light of your decrees (fatwas)?
A2: It is incumbent upon all the Muslim women when they reach the age of puberty, to fully cover their bodies and hair, in front of strangers (non-mahram). They are allowed to leave their hands and faces uncovered. It is necessary for the clothing to be modest and fully covering and in no way stimulating, such as a chador or long dress.
A1: In a narrative by Prophet Muhammad (saws), any dance is prohibited, because it causes the disappearance of moral standards. Therefore, to dance in anyway and under any title must be shunned. It is forbidden (haram) to dance in front of a stranger (non-mahram).
Q2: Is it permissible for a woman to dance in front of her husband or vice versa?
A2: There is no objection.
Q3: In the USA, teens growing up in this environment are exposed to the evil and pleasures of this custom of dancing. They wish Quranic and Hadeeth proofs of this being Haram. Would appreciate your guidance in the matter, with respect to: Dancing with males Dancing alone or in groups in front of Non-- Mahrams Learning and performing "Cultural" dances on Stage. These are Classical dances coming out mostly from the Hindu religion. Please help us by sending us the commands/edicts in this very important matter.
A3: In a tradition which has been related from the Holy Prophet (S), all forms of dancing have been prohibited and bearing in mind that generally, dancing is a source of corruption and the disappearance of shame and modesty, therefore, in any form and under any title it must be avoided and if it is in front of non-mahram, it is definitely Haram.
A1: Most of the events which take place in life are decided by man himself. For this very reason, we see that active, industrious individuals are successful in life whereas lazy people and self-indulgent societies always remain behind the caravan of advancement. Based on this, fate means, because Allah, the Most High has made the world of existence, a world of means and causes and made it so that every thing comes about because of a certain cause, He has decreed it so that for example, if one with his own freewill takes a certain course he will reach a particular destination and if he goes in the opposite direction, he will end up far from there. Or for example, if a student studies during the course of the year, he will get passing grades in his exam and if he does not work, he will fail. The role of some who knows the future, like a fortune teller or astrologer, supposing they know the future, is that they know so and so, with his own volition, will choose such and such a path and reach to a certain destination or not reach. However the person who plays the main role is the individual himself. Based on this, a husband and wife whose married life falls apart and in whose house a divorce takes place are themselves to be blamed, because they could have like others, through good manners and behavior lived together. In short, the Shiite school of thought, negates all forms of predestination and robbing man of his freewill.