Legal issues about marital problems

19-7-2003 | IslamWeb

Question:

I'm a student, doing my M.Phil and need your help urgently to fulfill the requirements of my thesis. My questions are:
1. Is the Qazi responsible for hearing the viewpoint of both wife and husband while declaring their separation/segregation from each other? Whether Qazi is authorized to declare separation only after hearing the viewpoint of one side?
2. In current international family laws, Khulah is awarded by exparte-decree for dissociation of Nikah. What is the unanimous opinion of A'imma Arba' in general and Ahnaf in particular in this regard?
3. If dissociation is made between some afflicted wife and her husband upon the basis of some jurist's sayings, in addition to those of A'imma Arba' or Ahnaf then will it be legal and lawful according to Ahnaf or not? And if it would be legal then which type of divorce will be declared?

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. Our Centre only specializes in Fatawa and not in research and helping researchers. The brother can consult relevant books of Fiqh for answer to his questions. He can, for instance, read chapters about giving rulings, divorce at the insistence of wife, and divorce at the insistence of the husband. The books of Fiqh according to all Madhhabs are available in bookshops, on the Internet and on CDs. Allah knows best.