A man took his case to the court with his wife, and the court ruled in favor of the wife for divorce, on the condition that she return his money to him
Machine translationRead the Arabic original
The questioner : She is receiving monthly maintenance.
The Shaykh : Yes.
The questioner : The second one collected the amount, meaning a huge sum!
The Shaykh : Yes.
The questioner : In dinars!
The Shaykh: Allah is the Greatest!
The questioner : In dinars!
The Shaykh : Yes.
The questioner : She took thousands and traveled, leaving the case. When she left the case with the court, she thought she was done, that she had withdrawn. So they ruled on it, ruling to modify the first ruling, which is now the third stage, the appeal.
The Shaykh : Yes.
The questioner : That she is divorced in exchange for the dropping of the maintenance and the deferred dower, excluding what she received of the prompt dower.
The Shaykh : Yes, meaning this is half of your dower.
The questioner : Half of my dower.
The Shaykh : Yes.
The questioner : Now they refused to give me the maintenance!
The Shaykh : Yes.
The questioner : Amounting to five thousand and four hundred Kuwaiti dinars, approximately twelve thousand Jordanian dinars!!
The Shaykh : Yes.
The questioner : They refused to give it to me!
The Shaykh : Yes.
The questioner : What happens in this case?! The ruling was returned conditionally; she is divorced due to harm in exchange for returning what she received. What is your opinion, O our Shaykh? Meaning, it was returned conditionally by the court!
The Shaykh : By Allah, it appears that as long as the condition has not been fulfilled, the conditioned thing is likewise!
The questioner: Yes.
The Shaykh : But we fear there may be other things, and you are more informed!
The questioner: Yes.
The Shaykh : Is there not something else?
The questioner : There is nothing else!
The Shaykh : There is nothing!
The questioner : I want to, regarding the fact that I am after tomorrow.
The Shaykh: Yes.
The questioner : If I effect the divorce, I believe the deferred dower remains in my liability.
The Shaykh : Without a doubt!
The questioner : It is conditioned upon the divorce.
The Shaykh: Yes.
The questioner : The deferred dower is conditioned upon the divorce, whether by custom or explicitly stated in text. We married with four thousand as prompt dower and six thousand as deferred.
The Shaykh: Yes.
The questioner : The six thousand dinars deferred are contingent upon the divorce, meaning whenever I divorce her, I am obligated to pay. So if I effect the divorce now, I will not be at peace mentally, because I feel she is entitled to the six thousand because I am the one who effected it, out of my desire to divorce her, and I was forced at that time!
The Shaykh: Yes.
The questioner : And the divorce of one who is forced may not take effect!
The Shaykh : Well then, what is the benefit?
The questioner : Yes?
The Shaykh : What is the benefit? Also, the previous question returns before we draw your attention to the fact that your divorce will also not take effect because it is a forced divorce!!
The questioner: Yes.
The Shaykh : What is the benefit of the fact that the court’s divorce was suspended by a condition, and the condition did not occur, so she is therefore not divorced?! What is behind that, what is the benefit?
The questioner : The benefit is that she is now my wife!
The Shaykh : All right!
The questioner : My wife. If she marries, she sins, and I am in a difficult position that my wife is marrying!
The Shaykh : We may have, O my brother, returned to where we started!
The questioner: Yes.
The Shaykh : Meaning we have gained nothing!
The questioner : Yes, so what do you intend, O Shaykh, pardon me?
The Shaykh : I intend what was previously explained: that she is your wife, but she is outside your control, and that she may marry, God forbid, despite your nose. What do you do? You say, as before:
The questioner: Yes.
The Shaykh : Unless you have a new opinion: that you want to divorce her, to save her from falling into sin.
The questioner: Yes.
The Shaykh : But we said: that your divorcing her is not from your choice and determination!
The questioner : You are forced.
The Shaykh : As He said:[Al-Baqarah 2:227] Yes, you are forced, we have returned to where we started.
The questioner : Yes! Well, what do you advise us, O Shaykh? What do you advise me? How do I act?
The Shaykh : By Allah, if the case has reached this point, "the hoopoe has perched on her head," what can I advise you? I would have advised her—for example—if she were seeking clarification from someone, but as for you, divorcing her will not solve the problem!
The questioner : Yes, that is correct.
The Shaykh : Yes.
The questioner : Leave her as a suspended wife, meaning?
The Shaykh : She will not be like a suspended wife, practically she will not be like a suspended wife!!
The questioner : She is not like a suspended wife?!
The Shaykh : Yes.
The questioner : But the case remains with me, in my heart it is suspended.
The Shaykh : Yes, that is it, may Allah help you.
The questioner : May Allah reward you with good, well, what is the opinion.
The Shaykh : If, for example, we took the case to one of the Shaykhs, for example, we have Shaykh 'Umar al-Ashqar, he is their neighbor now here in Amman!
The Shaykh : Well, you took the case, will she accept?
The questioner : Meaning I invite them to this thing.
The Shaykh : How?
The questioner : I invite them to this thing, I invite them to take the case to Shaykh 'Umar al-Ashqar to look into our case!
The Shaykh : Yes, there is no objection if she agreed, or her people, does she have a father?
The questioner: Yes.
The Shaykh : Good!
The questioner : I have an appointment with them now in an hour, an hour and a half.
The Shaykh : There is no harm if they agree to that, perhaps the case will be concluded according to the Shari'ah, and you will be at ease with the result, whether it is positive or negative.
The questioner : Well, O Shaykh, now if, for example, I have an appointment with them in an hour, an hour and a half, the assumptions that might occur, you might say: for example, the woman now wants to return to your protection, or enter your obedience, or I want the divorce, so what is the consequence of this, meaning if she says: I want to return as we mentioned a moment ago, and the divorce has taken effect on her from the court, so then a new contract is necessary!!
The Shaykh: Yes.
The questioner : Then we mentioned that the divorce was conditioned upon returning what she received of maintenance, and this condition did not occur, so the conditioned thing does not take effect, so in that case, we do not need a new contract if she wants to return!
The Shaykh: Yes.
The questioner : So how will the result be in all possibilities?!
The Shaykh : What I see is: if this Sharia court that you are coming to, that she returns to the court that imposed this condition, and acknowledges that she did not fulfill the condition, then in the court’s opinion the divorce did not take effect, and I regret what I did in filing the lawsuit, so I want to return to the protection of my husband!
The questioner : Yes, meaning we negotiate with the same court that issued the ruling! ?
The Shaykh : Yes, exactly.
The questioner : Yes, yes, may Allah reward you with good, O Shaykh.
The Shaykh : And you too, my brother.
The questioner : I have taken up your time, so please forgive me!
The Shaykh : Yes, may Allah bless you, and I was honored to hear your voice!
The questioner : I love you for the sake of Allah, O Shaykh.
The Shaykh : May Allah love you for the sake of which you loved me.
The questioner : May Allah reward you with good.
The Shaykh : Welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : Yes.
The questioner : The second one collected the amount, meaning a huge sum!
The Shaykh : Yes.
The questioner : In dinars!
The Shaykh: Allah is the Greatest!
The questioner : In dinars!
The Shaykh : Yes.
The questioner : She took thousands and traveled, leaving the case. When she left the case with the court, she thought she was done, that she had withdrawn. So they ruled on it, ruling to modify the first ruling, which is now the third stage, the appeal.
The Shaykh : Yes.
The questioner : That she is divorced in exchange for the dropping of the maintenance and the deferred dower, excluding what she received of the prompt dower.
The Shaykh : Yes, meaning this is half of your dower.
The questioner : Half of my dower.
The Shaykh : Yes.
The questioner : Now they refused to give me the maintenance!
The Shaykh : Yes.
The questioner : Amounting to five thousand and four hundred Kuwaiti dinars, approximately twelve thousand Jordanian dinars!!
The Shaykh : Yes.
The questioner : They refused to give it to me!
The Shaykh : Yes.
The questioner : What happens in this case?! The ruling was returned conditionally; she is divorced due to harm in exchange for returning what she received. What is your opinion, O our Shaykh? Meaning, it was returned conditionally by the court!
The Shaykh : By Allah, it appears that as long as the condition has not been fulfilled, the conditioned thing is likewise!
The questioner: Yes.
The Shaykh : But we fear there may be other things, and you are more informed!
The questioner: Yes.
The Shaykh : Is there not something else?
The questioner : There is nothing else!
The Shaykh : There is nothing!
The questioner : I want to, regarding the fact that I am after tomorrow.
The Shaykh: Yes.
The questioner : If I effect the divorce, I believe the deferred dower remains in my liability.
The Shaykh : Without a doubt!
The questioner : It is conditioned upon the divorce.
The Shaykh: Yes.
The questioner : The deferred dower is conditioned upon the divorce, whether by custom or explicitly stated in text. We married with four thousand as prompt dower and six thousand as deferred.
The Shaykh: Yes.
The questioner : The six thousand dinars deferred are contingent upon the divorce, meaning whenever I divorce her, I am obligated to pay. So if I effect the divorce now, I will not be at peace mentally, because I feel she is entitled to the six thousand because I am the one who effected it, out of my desire to divorce her, and I was forced at that time!
The Shaykh: Yes.
The questioner : And the divorce of one who is forced may not take effect!
The Shaykh : Well then, what is the benefit?
The questioner : Yes?
The Shaykh : What is the benefit? Also, the previous question returns before we draw your attention to the fact that your divorce will also not take effect because it is a forced divorce!!
The questioner: Yes.
The Shaykh : What is the benefit of the fact that the court’s divorce was suspended by a condition, and the condition did not occur, so she is therefore not divorced?! What is behind that, what is the benefit?
The questioner : The benefit is that she is now my wife!
The Shaykh : All right!
The questioner : My wife. If she marries, she sins, and I am in a difficult position that my wife is marrying!
The Shaykh : We may have, O my brother, returned to where we started!
The questioner: Yes.
The Shaykh : Meaning we have gained nothing!
The questioner : Yes, so what do you intend, O Shaykh, pardon me?
The Shaykh : I intend what was previously explained: that she is your wife, but she is outside your control, and that she may marry, God forbid, despite your nose. What do you do? You say, as before:
The questioner: Yes.
The Shaykh : Unless you have a new opinion: that you want to divorce her, to save her from falling into sin.
The questioner: Yes.
The Shaykh : But we said: that your divorcing her is not from your choice and determination!
The questioner : You are forced.
The Shaykh : As He said:
And if they decide on divorce
وَإِنْ عَزَمُوا الطَّلَاقَThe questioner : Yes! Well, what do you advise us, O Shaykh? What do you advise me? How do I act?
The Shaykh : By Allah, if the case has reached this point, "the hoopoe has perched on her head," what can I advise you? I would have advised her—for example—if she were seeking clarification from someone, but as for you, divorcing her will not solve the problem!
The questioner : Yes, that is correct.
The Shaykh : Yes.
The questioner : Leave her as a suspended wife, meaning?
The Shaykh : She will not be like a suspended wife, practically she will not be like a suspended wife!!
The questioner : She is not like a suspended wife?!
The Shaykh : Yes.
The questioner : But the case remains with me, in my heart it is suspended.
The Shaykh : Yes, that is it, may Allah help you.
The questioner : May Allah reward you with good, well, what is the opinion.
The Shaykh : If, for example, we took the case to one of the Shaykhs, for example, we have Shaykh 'Umar al-Ashqar, he is their neighbor now here in Amman!
The Shaykh : Well, you took the case, will she accept?
The questioner : Meaning I invite them to this thing.
The Shaykh : How?
The questioner : I invite them to this thing, I invite them to take the case to Shaykh 'Umar al-Ashqar to look into our case!
The Shaykh : Yes, there is no objection if she agreed, or her people, does she have a father?
The questioner: Yes.
The Shaykh : Good!
The questioner : I have an appointment with them now in an hour, an hour and a half.
The Shaykh : There is no harm if they agree to that, perhaps the case will be concluded according to the Shari'ah, and you will be at ease with the result, whether it is positive or negative.
The questioner : Well, O Shaykh, now if, for example, I have an appointment with them in an hour, an hour and a half, the assumptions that might occur, you might say: for example, the woman now wants to return to your protection, or enter your obedience, or I want the divorce, so what is the consequence of this, meaning if she says: I want to return as we mentioned a moment ago, and the divorce has taken effect on her from the court, so then a new contract is necessary!!
The Shaykh: Yes.
The questioner : Then we mentioned that the divorce was conditioned upon returning what she received of maintenance, and this condition did not occur, so the conditioned thing does not take effect, so in that case, we do not need a new contract if she wants to return!
The Shaykh: Yes.
The questioner : So how will the result be in all possibilities?!
The Shaykh : What I see is: if this Sharia court that you are coming to, that she returns to the court that imposed this condition, and acknowledges that she did not fulfill the condition, then in the court’s opinion the divorce did not take effect, and I regret what I did in filing the lawsuit, so I want to return to the protection of my husband!
The questioner : Yes, meaning we negotiate with the same court that issued the ruling! ?
The Shaykh : Yes, exactly.
The questioner : Yes, yes, may Allah reward you with good, O Shaykh.
The Shaykh : And you too, my brother.
The questioner : I have taken up your time, so please forgive me!
The Shaykh : Yes, may Allah bless you, and I was honored to hear your voice!
The questioner : I love you for the sake of Allah, O Shaykh.
The Shaykh : May Allah love you for the sake of which you loved me.
The questioner : May Allah reward you with good.
The Shaykh : Welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.