Re: Talaq
Unfortuantely, while those r the rules, our culture operates the opposite way. IF anytime a woman tries to get what’s her right (Islamically), she’s seen as being greedy or too much trouble. I remember a thread sometime back about haq meher and how some women are pressured by in laws to not accept it, out of "the goodness of her heart, or the oens who take it are being greedy and make the guys life a living hell so he will divorce her and she can keep the haq meher etc etc.
Re: Talaq
Ohhh I see...I had never heard of Fasakh before..until now....jazakhallah khair dope..ill be sure to pass it on. its a shame that im still uneducated about some things in my faith..as are many of the people i know..and they end up just feeling hopeless in situations like these.
Re: Talaq
So if her maher was nothing, then she just needs to give nothing back for khulaa 
Actually, I’m joking. But I think that I once read a scholar who wrote that if maher is not given, then the marriage is not valid.
Can anyone shed further light on this please?
Re: Talaq
^ two type of haq mehr is there; One is required to pay imediately, at the time of nikkah (Moajal) other can be paid later at convenience (ghair moajal), it is obligation on husband to pay dower(meher), time can be decided upon mutual agreement.
Firstly there are few 'important' details missing :
**1. In which country these people are living ?
The father of this girl has four wives and few dozen children. Blind guess : it should be in middle east. If this family lives in india or Pakistan, then it is very very unusual for a person to support 4 wives and so many kids, he must be a feudal landlord, or some hot shot very rich guy.
So in either case, if the financial situation is not that great now, still the family must be a 'strong' one... The best option should be for girl to ask her parents to use their family influence on her husband that he gives her divorce...
In indo pak, things hardly are settled by court or Sharia, they are settled by influence ( mostly family and elders )
Re: Talaq
They are living in a African nation (Senegal). The girl's father used to be very wealthy..he was a big shot at home. Lately..his business has not been doing too well..actually..for the past 5-6 years. I guess because of his wealth back than..he didn't think anything of the future.
I don't know the exact amount..but I know it was a very large sum..because she also married into a very rich family.. (Middle Eastern). Her family had demanded alot from his family..but that money was ultimately hers. So, I'm guessing she's spent it..or given it away to other family members..since she doesn't have enough to pay them back..and her family is still planning to marry off 3 other daughters..
Her family is huge..except..they all live in Senegal..and she doesn't. So..its hard for her father to keep going back and forth.
I have a feeling..the father is not pressing the issue..because the girl has a young daughter...and if she recieves the divorce..he'll end up having to take care of them both..and im not sure if he has the energy for all that.
Re: Talaq
hmm complex situation.
Senegal is a developing African state, with majority of muslim population.
judicial system should be something like indo-pak, where justice is costly and often delayed
Anyway, she can get the decision in her favor, but she would have to hire a good lawyer, which will eventually cost money. It is not a case of sharia, it all depend on the country law, and legal system, so going all theoratical that islam allows this and that is according to sharia, is of no use.
In the end it all depends on the family, the best way in my view is to ask her parents for intervention, if the situation does not get better, she should go for separation (without divorce) and presurize husband to give her divorce through family elders
Re: Talaq
Yeah..ur right..they should just deal directly with the country's legal system..and I hear that obtaining a divorce in Bahrain is not so hard. Last I heard..he's just going to take her away by force..which I guess..is the best thing to do at this point.