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Marriage and Breastfeeding / Taking the wife’s money and then divorcing her.

Taking the wife’s money and then divorcing her.

publish date : 2014-07-04 12:26 AM | Views : 1131
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Question

Dear respected Shaykh, peace and blessings of Allah be upon you. I got married four months ago and I have found out that my husband is already married to another woman. Before conducting the marriage contract, he took an oath on the Quran that if his first wife asks him to divorce me that he will not accede to her request. I helped him financially and gave him large sums of money. However, to my surprise, I have just found out that he divorced me in my absence. What is the ruling on this divorce?

استغلال الزوج لمال زوجته ثم تطليقه لها

Answer

All praise is due to Allah alone, and may the Salah and Salam of Allah be upon our Prophet Muhammad, his family and his companions. The truth is that the real issue is not the oath that your ex-husband took. Rather, it is the fact that there are some dominating husbands who take advantage of women and take their wealth unlawfully. This problem is a very serious one that requires the attention of the leaders in the community and the preachers (i.e. callers to Allah). In fact, I call upon the society, with all its segments, to protect women from the injustice of some men who take the wealth of their women unlawfully, be it their inheritance or their salaries. I must say that I do find the stories we hear about some men who take the wealth of women unlawfully, and against their will, really disturbing. That said, I would like to remind men of the statement of the Prophet (may the Salah and Salam of Allah be upon him) wherein he said, “Whoever swears an oath, knowing for sure it is false, so as deprive a Muslim person of their rights unlawfully, will meet Allah and find Him angry with them.” Agreed on by al-Bukhari and Muslim, and his other statement wherein he said, “The wealth of a Muslim is not lawful for another unless they give it willingly.” Reported by Ahmad, al-Daraqutni and al-Bayhaqi who ruled it as good The seriousness of this issue is even more emphasized when men take large sums of money from women then deny their favors on them! Even worse, some men take large amounts of money from their wives and then use that money to marry someone else. Indeed, this is nothing but absolute injustice and abuse. I do not wish to address the oath he took, because it is a matter that concerns him, but the question that needs to be answered is: Does his oath hinder the divorce process? The answer is: No. The divorce, in this case, is considered effective and sanctioned. Further to the point, the fact that he divorced you while you are absent does not affect the validity and effectiveness of this divorce because divorce can be issued in the presence and absence of the wife. However, I offer my consolation to you for this adversity that you have been afflicted with, and I advise you to turn to the One who fulfills all the needs; Allah, the only God worthy of worship, and beseech Him to give you your rights.

Your brother,

Prof. Khalid Al-Muslih

  5/3/1433 A.H.

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