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Clarification regarding divorce under Muslim law
24-Aug-2023 (In Divorce Law)
Hello..my husband has left me at my mother's place since 4months and wants divorce..he is saying he will write and give it to me he is in Dubai and i am in India we are shias is there ways he can divorce me from Dubai when i am in india..and what are they and will it be known as one if I don't sign and if the qazis sign it with my husband signature.. and also is it Valid if we have not had sexual intimacy since 4months that he can do that? We are Muslims shias bohris Thank you
If you want to cohabit with him and don't want divorce then you should immediately approach court of law by filing two petitions....one for restitution of conjugal rights and another for maintenance. The family court will have the high court appointed counselor who will give understanding to both of you.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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Shia Islam also requires two just witnesses at each of three sessions of divorce pronunciation. Sunni rule does not require any witness for divorce to happen. Husband according to Shia Islam cannot give divorce to his wife in that menstrual month in which he has had a sexual intercourse with her. This is also not a requirement in Sunni where a husband can pronounce divorce even just after sexual intercourse.
In Shia Islam, the first and second sessions of divorce pronunciation is revocable, in which divorce process is just activated but divorce has not happened. If couple have sexual intercourse the process of divorce becomes void. Husband and wife can rejoin as couple and divorce pronunciation becomes void. The third, also the last divorce pronunciation is final and irrevocable, after which divorce happens. In Shia Islam, divorce cannot be given to a pregnant wife. Divorce in pregnancy is thus void.
In Shia Islam, if marriage is consummated, then after divorce the divorced woman cannot immediately remarry, she must wait for three menstrual cycles, once, that is over she is free to remarry another man.
In Shia Islam, the first and second sessions of divorce pronunciation is revocable, in which divorce process is just activated but divorce has not happened. If couple have sexual intercourse the process of divorce becomes void. Husband and wife can rejoin as couple and divorce pronunciation becomes void. The third, also the last divorce pronunciation is final and irrevocable, after which divorce happens. In Shia Islam, divorce cannot be given to a pregnant wife. Divorce in pregnancy is thus void.
In Shia Islam, if marriage is consummated, then after divorce the divorced woman cannot immediately remarry, she must wait for three menstrual cycles, once, that is over she is free to remarry another man.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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You can file divorce petition under muslim law. After court notice service he has to appear in the court, If he is in Dubai. You can get divorce from family court or from Kazi also. But for Kazi Talak Kazi will issue notice to him.
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Adv. Sarita Shintre
Mumbai | 25+ Answers
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