Several questions about divorce
11-9-2012 | IslamWeb
Question:
As-Salaam Alaykum WRWB MashaAllah may ALLAH SWT give ajar e azeem for the fabulous guidance and help, your organization is giving in light of Quran & Sunnah. May allah bless you all with the best here and hereafter Ameen. My question related to Divorce. 1 Conditions for husband to give divorce. 2 When divorcing it is understood Mehar is for her but what about other-than mehar. For eg. Gold, Rings, Diamonds ect. Mahar is advanced does husband require to compensate anything additionally? 3 Wife has committed great sin before marriage, hence divorce is taking place fearing future integrity and future of children. The sin fact was revealed by his wife to him and now denying. The husband fear keeping up future tolerance on this matter thus prefer best to divorce rather being trapped by Shaytan and spoil both future. They married five months ago and continuation of relationship might bring more disasters when blessed with children as she is unfit to be good mother based on several facts, her upbringing and her parents ect. n husband is concerned of his obligations towards his children rights by arranging righteous mother. She is very careless and irresponsible toward his husband in this initial stage of life and she cannot be a rightful mother as he never notice children interest in her. She is modern type & worldly joy lady. 5 Husband has given conditional divorce without witness. If she hifz Surath Al Baqra by EID of Ramadan he will retain her with his second marriage otherwise she will be divorced. But husbands intends if at-lest she seriously hifz 1/2or1/4 of surah baqrah he will retain her. 6 She went back to her parents house & neither call once, nor request husband or his parents. Her parents threaten to harm the groom and his family reputation & by taking legal actions against. Her parents are waiting to buy time in order to make higher claims & overpower. 7 The boy lives abroad (Gulf) & wife in India. Please guide what to do in this situation Jazakallah
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We will summarize the answer to your questions in the following points:
1- We have already issued Fataawa 85415 and 82735 clarifying the Sunni divorce; so please refer to them.
2- We have also issued Fatwa 86603 clarifying the rights of a divorced woman, among which is the dowry. If the wife has obtained her dowry in advance, then the husband has done what is required of him in regard to it [the dowry].
3- The ruling on gold and jewelry differs according to the circumstances; if the husband has given them to his wife as a gift or donation, and the like, then they are her property and her husband has no right to take them back from her. Likewise, if this gold and jewelry are part of the dowry or that this is commonly known according to the prevailing customs, then they are also hers and the husband has no right to take them back from her. Nonetheless, if the husband has given them to her as borrowed items so that she wears them and beautifies herself with them – and he has evidence which proves this – then he is entitled to take them back from her.
4- What should be taken into account is the situation of the wife now, and to what extent she is righteous, and not what she has committed in the past. So, if she is righteous, her husband should keep her and have a good marital relationship with her, and not pay attention to any whispers about her. However, if her situation has not improved [if she has not become righteous], then divorce is permissible, especially if there is a need for it. Of course, divorcing before having children is easier and has less negative consequences.
5- A husband saying to his wife: “If you do not do such and such, you will be divorced”, may mean a promise to divorce her if she does not do so. However, this does not lead to anything because this promise does not need to be fulfilled, let alone becoming an obligation. This expression may also mean the intention to initiate divorce if she does not do that thing. In this case, divorce takes place according to the view of the majority of the scholars if the matter upon which the husband conditioned divorce does not take place. Here, the husband's intention is taken into account, i.e. whether he meant that she memorizes the whole Chapter of the Quran or part of it. In addition, Shaykh Ibn Taymiyyah 
is of the view that an expiation is obligatory if the husband has not intended divorce and he only intended to threaten her or to prevent her (from doing something) for example. For more benefit, please refer to Fataawa 92383 and 99468.
6- If the wife leaves her husband's house without his permission and without having a sound reason, then she is a recalcitrant wife. However, the family of the wife has no right to interfere unless it is for the purpose of reconciliation.
Hence, we advise the questioner to seek help from rational people among the husband's family and the wife's family so that they can try to achieve reconciliation. Then, if reconciliation is not achieved, it is better to opt for divorce.
Allaah Knows best.