What happens if your nikkah is done without ruksati and eventually because of some differences the couple (n their families) decide to back out of the commitement? Would it result in a divorce or is there another thing for it?
Why is it happening alot in our society nowadays, its really shocking! Why cant they sort out the difference before actually going for the nikkah :(.
Re: Nikkah but no Ruksati.
**Nikaah is the main thing in Islam...after nikaah is done, they are husband and wife...if they just separate, nikaah is still valid unless they divorce Islamically in the prescribed manner. separation is NOT automatic divorce in Islam
if the marriage has not been 'consumated' then, iddat is not necessary. **
Re: Nikkah but no Ruksati.
Divorce in case of nikah without rukhsati can be done as Khula or single divorce.
main difference is that no iddat is required on part of woman if no rukhsati too place.
Re: Nikkah but no Ruksati.
Oh ok so there is no "annulement" thingy in Islam?
Re: Nikkah but no Ruksati.
Divorce in case of nikah without rukhsati can be done as Khula or single divorce.
main difference is that no iddat is required on part of woman if no rukhsati too place.
What is a single divorce or khula?
Re: Nikkah but no Ruksati.
part of woman if no rukhsati too place.
its not rukhsati..as KKF said..its 'consummation' / intercourse
Re: Nikkah but no Ruksati.
What is a single divorce or khula?
**in Islam, ONLY men have the right to divorce, however, women go to shari'a court and ask the qaazii [Judge] to affect divorce. It's generally granted with no questions asked as to the reason. a simple dislike of the husband is a good enuf reason. this methodology is called Khula.
men are supposed to divorce their wives through 3 divorces. that is, they have to say "i divorce you' three times spread over woman's their three manstural cycles. in this case, divorce without marriage being consummated requires just one divorce hence it takes effect immediately.**
Re: Nikkah but no Ruksati.
Ok so if the marriage has not been consummated?
Re: Nikkah but no Ruksati.
its not rukhsati..as KKF said..its 'consummation' / intercourse
that is what I meant. In shareefana language, no rukhsati means no 'consummation'
but on a simlar note, if rukhsati happened and no consummation happened, iddat is required as the obvious (rukhsati) takes over the hidden (consummation)
Re: Nikkah but no Ruksati.
in Islam, ONLY men have the right to divorce, however, women go to shari'a court and ask the qaazii [Judge] to affect divorce. It's generally granted with no questions asked as to the reason. a simple dislike of the husband is a good enuf reason. this methodology is called Khula.
men are supposed to divorce their wives through 3 divorces. that is, they have to say "i divorce you' three times spread over woman's their three manstural cycles. in this case, divorce without marriage being consummated requires just one divorce hence it takes effect immediately.
Wow i never knew all this stuff eeks.
But you said only men has the right to divorce then howcome a women can get it done? confused. And why does Islam give this right only to the men? hmm.
Re: Nikkah but no Ruksati.
But you said only men has the right to divorce then howcome a women can get it done?
khula is the process of nullifying of marriae through court, So the woman needs to go through the court
Re: Nikkah but no Ruksati.
khula is the process of nullifying of marriae through court, So the woman needs to go through the court
so khula= annulement?
Two questions;
If the women wants a divorce, why cant she say divorce three times like the men can?
Can a guy get an annulement? What can be the valid reasons for it?
Re: Nikkah but no Ruksati.
Wow i never knew all this stuff eeks.
But you said only men has the right to divorce then howcome a women can get it done? confused. And why does Islam give this right only to the men? hmm.
**a man doesn't have to go to court to affect a divorce while a woman has to go to court to request a divorce. i'm talking about the Islamic Shari'a Court. in the west, both men and women have to go to court but privately men can divorce and then the rishta will be Haraam in the sight of Islam.
she just can NOT utter the words and bingo it's done.
divorce, in the sight of Allah, is the ONLY legal thing which Allah HATES but has ALLOWED. **
Re: Nikkah but no Ruksati.
If the women wants a divorce, why cant she say divorce three times like the men can?
they can if its part of Nikah Nama agreement. If you read a nikah nama form of pakistan, you will see a line where wife can make it part of agreement that she also has right to divorce.
By default, only man has that right.
Re: Nikkah but no Ruksati.
If the women wants a divorce, why cant she say divorce three times like the men can?
Can a guy get an annulement? What can be the valid reasons for it?
i would say...Allah KNOWS best...we can ONLY say that this is the Islamic Law.
Re: Nikkah but no Ruksati.
By default, only man has that right.
And WHY is that? there has to be a reason for it.
I am sure nobody goes thru the nikkah nama before signing it :D
Re: Nikkah but no Ruksati.
they can if its part of Nikah Nama agreement. If you read a nikah nama form of pakistan, you will see a line where wife can make it part of agreement that she also has right to divorce.
By default, only man has that right.
i do NOT think it's Islamic...never heard of such provision!
Re: Nikkah but no Ruksati.
it is. aap ne parah nahi he naa nikah nama form.
read line 18 of this version.
Re: Nikkah but no Ruksati.
And WHY is that? there has to be a reason for it.
I am sure nobody goes thru the nikkah nama before signing it :D
I am not an aalim so I dont the reason ...
and if someone does not read the form before signing it then its not islam's fault naa
Re: Nikkah but no Ruksati.
maiN ne aaj tak yeh nahiiN sunaa aur na hii dekhaa…India meN to aisaa koii form nahiiN hotaa jis meN talaaq kaa option ho aurat ke liye. lagtaa hai yeh Pakistan sarkaar kii taraf se hogaa…ho saktaa hai kisi ek fiqh meN aisaa hotaa ho magar hamaare fiqh meN aisaa nahiiN hai