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Wife having the right to see her children after divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. My husband and I have been separated since 25 April 2019. I am currently living with my sister and her family. I left my home because my husband abused me badly, this is not the first time that he had lifted his hands. I stayed in the marriage for 5 years whereby I went through physical and verbal abuse to the extent that I was even scared to ask to go and see my 2 boys from my previous marriage. He has a very bad temper, thinks that my family is influencing me and swears my family. I have been supporting him all these years and still am to keep a roof over his head.

In the last 2 months I have spent time with my boys more than I ever did in the 5 years of being married to my current husband. I would like to know my rights as still being married going to see my children as they live with their father? I know that their father is now a non-mahram to me.

2. My current husband does not want to give me my talaaqs. He is prepared to only give one and take his time with the others. I feel so stuck and torn between my family, my boys and my current husband. I dont know what to do. I want to do the things the proper way.

Bismillaah

A:

1. You have the right to see your sons.

2. If he gives one talaaq and he does not revoke it in the entire iddat then the nikaah terminates upon the expiry of the iddat.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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