Talaaq Talaaq Talaaq - Page 3

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Lechocolat thumbnail
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Posted: 11 years ago
#21
Oh gosh...too many rules. What sane person can keep up with all of that!?
Let's just go with the legal way of divorcing...


GoodGoneWrong thumbnail
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Posted: 11 years ago
#22
Uh-um-burrr
Doesn't Iddah apply after the final divorce too? I think it does. The main purpose of iddah/iddat from what I had understood, was to have a claear identity of the father in case it is revealed post divorce that the woman is pregnant.

What are laws for divorce in an uncomsumed marriage? Like I know in US, if it is not consumed, u can get it annulled.

And Khula does allow a woman to come out of an unwanted marriage without the long drawn out process. Am I right?

Rivs
ps: I did a lot of research when the nikah was going to happen since CC had provided me with some very good links about Islamic marriage rules..😃
-Wanderer- thumbnail
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Posted: 11 years ago
#23
God! My head is spinning!😆
ChamakChallo91 thumbnail
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Posted: 11 years ago
#24
Nice research!
There was never a valid nikaah between Zoya and Ayaan. Hope someone proves that soon!!!
gossipgirlxoxo thumbnail
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Posted: 11 years ago
#25

Originally posted by: delena90

Gul can definitely drag this out. Or she will make the distinction between a marriage by legal dictate and marriage by religious mandate.

Ultimately she will prove that the Nikah is invalid.
This is just for procrastinating AsYa Nikah.
gossipgirlxoxo thumbnail
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Posted: 11 years ago
#26

Originally posted by: hsvs

Thanks, Amber! Very informative!

Dont know which route Gul will go; but she will stall the wedding of Asya for a long time - not sure whether she will use the legal rules or the religious ones...But in the meantime the story shall move, Inshallah! :-)

You are welcome my dear !
This is actually good. The leads are separated, a kind of uncertainty still exists and the story moves forward.
gossipgirlxoxo thumbnail
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Posted: 11 years ago
#27

Originally posted by: MisHumptyDumpty

thank you amber, Gul is gonna drag this for 6 months 😆


last round of TRUTH 😃

6 months actual time. who know how many months in QH time.
gossipgirlxoxo thumbnail
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Posted: 11 years ago
#28

Originally posted by: -KSGsmitten-

Thanks for the research.

But a woman who has divorced before consummating the marriage does not have any iddat. Iddat's foremost aim is to make the father apparent if the woman becomes pregnant after divorce.

Yes absolutely. I highly doubt that they will go the divorce way.
They are just buying time. This whole Nikah Fiasco is absurd in the first place.
As a general rule, when a marriage ends " whether by a divorce or by the death of the husband " Islam prescribes a waiting period ('iddah) for the woman before she can marry again.

Divorced women shall wait concerning themselves for three monthly periods.

IfA woman who was divorced by her husband has to wait (at least) three monthly periods and a woman whose husband died has to wait (at least) four months and ten days before they can marry again. The main objective appears to be that there should be no doubts as to the identity of the father if the woman gives birth to a child later on. Within this period it should become obvious whether or not a woman is pregnant. If she turns out to be pregnant, then her waiting period lasts until the birth of the child, otherwise she is free to remarry after the three months are over.

More interesting is the observation that the Qur'an makes an explicit exception to the above mentioned rule for divorced women:

O you who believe: When you marry believing women and then divorce them before you have touched them, no period of idda (waiting) have you to count in respect of them: so give them a present and set them free in a graceful manner. S. 33:49

In other words, if the marriage was not yet consummated, i.e. there was no sexual intercourse, there cannot be an unborn child. In this case, the woman does not have to observe the 'iddah period; and the husband who does not like to keep her (for whatever reason), does not have to pay her expenses for another three months, which would otherwise be his obligation (cf. S. 65:6-7).

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