court Archives - IslamQA

Find answers to your Islamic questions 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.

Court issuing a khula

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Q: We filed khula case in the court and in reply of my husband’s lawyer was that they agree if we return to them the maher, which they hadn’t given us. Later they used delaying tactics to prolong the case just to torture me. After three months we were summoned to the court but reconciliation… read more »

Divorce in a civil court

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Q: I want to ask you a few questions before I make a decision about marrying a second wife. I am not satisfied with my marriage with my first wife. This is due to a lack of affection and neglect from my first wife. I have had this problem for 5 to 6 years now… read more »

Khula without the husband’s consent

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Q: The court gave khula without my will. I want my wife back and she also wants to come back, her father says divorce has been done. Will khula take place without my will or consent? A: If you did not consent then the court’s divorce is invalid. And Allah Ta’ala (الله تعالى) knows best.  … read more »

Lawyer defending criminals in court

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Q: I am a lawyer by profession. I represent people who are being prosecuted for criminal charges and defend them in court. In many instances, the accused party confesses to me that they are guilty of the crime for which they are being charged, even though they plead ‘not guilty’ to the court. In such… read more »

Court marriage

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Q: I was told that a divorce in court is like a talaaq. There is no need for a separate talaaq. However if you make nikaah, is that valid or does one have to separately get married in court? A: If the husband had instructed or consented to the court divorce then this will be… read more »

Khula without the consent of the husband

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Q: Can a wife take khula from a court in Pakistan without the husband’s consent? A: The khula will only be valid if the husband accepts the khula. And Allah Ta’ala (الله تعالى) knows best.   Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach) Source