Hi , i wanna know in the shia religion court marriage or court divorce is allowed or not ,
can shia woman get khulla from court or from her husband .what are the term and conditions
if husband agree to give khulla divorce . and if he is not agree to give khulla divorce to his wife.
then what happend . i mean in that way can shia woman get separation from her husband .
if some shia scholar lady or man give me detailed answer i should be very grateful to him or her.
thanx
Re: court marriage or court divorce is allowed in shia religion or not?
The rulings of Shariah are one regardless of nikah/khulah taking place in home or a court. If you are interested in laws then contact/read the mujtahideen. If you want a divorce, you should speak with a scholar who is familiar with you or your case and could gather as much evidence as possible.
Re: court marriage or court divorce is allowed in shia religion or not?
Peace ramesha,
Is rulings of Shariah of 'Shia' different?
Re: court marriage or court divorce is allowed in shia religion or not?
Peace ramesha,
Is rulings of Shariah of 'Shia' different?
Yes it is different. In fiqh e Jaffaria, there is a whole procedure for divorce and it can not take place in a single sitting. There is requirement to have two 'just' witnesses to initiate and complete the process which includes a period of wait where the couple get a chance to mediate and sort of their differences. If the mediation fails then divorces finalises and that is at the end of Iddah.
Re: court marriage or court divorce is allowed in shia religion or not?
Yes it is different. In fiqh e Jaffaria, there is a whole procedure for divorce and it can not take place in a single sitting. There is requirement to have two witnesses to initiate and complete the process which includes a period of wait where the couple get a chance to mediate and sort of their differences. If the mediation fails then divorces finalises and that is at the end of Iddah.
That is what pretty much Khula is in our fiqh.
Re: court marriage or court divorce is allowed in shia religion or not?
I know shia people who got divorced through court. Lets not complicate things that are not complicated.
Re: court marriage or court divorce is allowed in shia religion or not?
For some Sunnis it is as simple as uttering the word “talaq” three times. TRIPLE* TALAQ
For the followers of fiqh of Imam Jaffar as Sadiq in Pakistan, secular courts too require a religious scholar to sign the divorce documents to court to initiate the divorce process. Thereon follows the same process and conditions underlined by Quran and Shariah.
Re: court marriage or court divorce is allowed in shia religion or not?
As far as divorce goes, as TLK said, it's the same process for Sunnis. Just saying "talaq" three times isn't the only way to give/ get a divorce. Just how saying "kabool hai" three times won't equate in you being under nikkah with someone.
Shariah, which does not segregate between sects, way is that you must speak with a religious scholar, explain the situation. If there is, in fact, no way solution, and the scholar agrees, then you can go forth from there. The girl can request Khullah and the guy can request Talaq (correct me if I'm wrong).
Ps... Shia is not a religion, it's a sect.
Re: court marriage or court divorce is allowed in shia religion or not?
Peace All,
The link of a site provided at post #7 talks about differences more than similarities. In that case I'll agree what Lusi said.
Re: court marriage or court divorce is allowed in shia religion or not?
I don’t think sunnis go for a divorce by a tripple talaq. Like TLK said they have to follow the same process.
Re: court marriage or court divorce is allowed in shia religion or not?
Hi , i wanna know in the shia religion court marriage or court divorce is allowed or not , can shia woman get khulla from court or from her husband .what are the term and conditions if husband agree to give khulla divorce . and if he is not agree to give khulla divorce to his wife. then what happend . i mean in that way can shia woman get separation from her husband . if some shia scholar lady or man give me detailed answer i should be very grateful to him or her.
thanx
-------------------------------------------------------------------------------------
Hi ,thanx for all the members for their replies. well , my question was about the court divorces allowed in shia religion. according to one
of the shia scholar court marriages and court divorces r not allowed in fiqh jaafria or shia sect. u can check the link posted on my face book named as Genny Buddy.
if such thing like happen then how can a shia wife get khulla from her husband and if the husband refuse to do it .
Re: court marriage or court divorce is allowed in shia religion or not?
^^ that is what I am saying...lets not make religion difficult for on the name of shia sunni when it is not.
Re: court marriage or court divorce is allowed in shia religion or not?
i dont think he is making anything difficult, he just wants to know the majority shia opinion.
theres no need to mention the word sunni here at all, the question is about shia religion, it was well asked, using the appropriate words.
if anyone can answer the question, help the questioner out
Re: court marriage or court divorce is allowed in shia religion or not?
^^ dude, I am not trying to create any controversy. All I am saying is if someone gets to place where they are considering court as an option to get out of the misery, then it is better to keep things simple. Islam is not complicated as sometimes it sounds. Just my 2 cents!
I would like to know what is wrong with the court divorce.
Re: court marriage or court divorce is allowed in shia religion or not?
....... according to one of the shia scholar court marriages and court divorces r not allowed in fiqh jaafria or shia sect. ..
which scholar? and why? what are his reasons?
i think its much better if you consult a proper scholar who are into such things even if its a sunni one as it will be better then getting answers from the net i think ...
Re: court marriage or court divorce is allowed in shia religion or not?
ya , it's right shia people got divorce from court but this is against their teachings . one of the shia scholar said that in fiqah jaferria court marriages
and court divorces are not allowed . shia people who r doing such things r wrong and totally against the shia religion .
Re: court marriage or court divorce is allowed in shia religion or not?
hi Ramesha , it's right shia people got divorce from court but this is against their teachings . one of the shia scholar said that in fiqah jaferria court marriages and court divorces are not allowed . shia people who r doing such things r wrong and totally against the shia sect. shia lady can get khulla divorce from his husband in such conditions such as if they have no children, husband is insane . and if they have child and husband is sensible . then he can demand much more than mehar right that he has given to his wife but this is not compulsory for him he can give her khulla divorce on the same meher. it's up to him .
But above all he is not agreed to give divorce to her wife then how can she get khulla divorce . they
have already children and he fullfill all the baisc requirements what he can in his capacities .i mean he is in deep love
with her and the wife is not ready to accept any thing then how khulla divorce happen . please try to give me some actual statement
[RIGHT][/RIGHT]
Re: court marriage or court divorce is allowed in shia religion or not?
hi thanx , it's right shia people got divorce from court but this is against their teachings . one of the shia scholar said that in fiqah jaferria court marriages and court divorces are not allowed . shia people who r doing such things r wrong and totally against the shia sect. shia lady can get khulla divorce from his husband in such conditions such as if they have no children, husband is insane . and if they have child and husband is sensible . then he can demand much more than mehar right that he has given to his wife but this is not compulsory for him he can give her khulla divorce on the same meher. it's up to him .
But above all he is not agreed to give divorce to her wife then how can she get khulla divorce . they
have already children and he fullfill all the baisc requirements what he can in his capacities .i mean he is in deep love
with her and the wife is not ready to accept any thing then how khulla divorce happen . please try to give me some actual statement
Re: court marriage or court divorce is allowed in shia religion or not?
Please members u can check the statment given by the shia scholar titled as '' COURT MARRIAGE OR COURT DIVORCE IS NOT ALLOWED IN FIQH JAFFERIA '' on my facebook id named as GennyBuddy . and then reply . what should be OR What should be not . thanx
Re: court marriage or court divorce is allowed in shia religion or not?
hi Ramesha , it's right shia people got divorce from court but this is against their teachings . one of the shia scholar said that in fiqah jaferria court marriages and court divorces are not allowed . shia people who r doing such things r wrong and totally against the shia sect. shia lady can get khulla divorce from his husband in such conditions such as if they have no children, husband is insane . and if they have child and husband is sensible . then he can demand much more than mehar right that he has given to his wife but this is not compulsory for him he can give her khulla divorce on the same meher. it's up to him . But above all he is not agreed to give divorce to her wife then how can she get khulla divorce . they have already children and he fullfill all the baisc requirements what he can in his capacities .i mean he is in deep love with her and the wife is not ready to accept any thing then how khulla divorce happen . please try to give me some actual statement
[RIGHT][/RIGHT]
Sister, consult a scholar if you need to learn about this subject. I understand this issue better than many as I have formally studied law from a university and I have followed the Hanafi way before and now I follow the Jaafari school. You implying that the amount of mahar can be changed is something I have never witnessed nor heard or read in my life. So contact someone learned near you so that you can understand the answers to your questions better.
Wasalam.
ramesha