Divorce and Related Matters

Current Legal Issues

(Q.75) A civil divorce, according to the law of a western country, took place. The husband is adamant not to grant his wife a shari'i divorce, does not provide maintenance for her and not accept mediation. What should the woman do, noting that her patience would certainly wear thin and, eventually, put her in an untenable situation (haraj)?: She should seek redress with the Marji' or his deputy. He would advise the husband to choose one of two courses of action: Either pay his wife maintenance money or grant her Islamic divorce, albeit by proxy. Should be chose neither, and that it was not possible to pay maintenance money, the Marji' or his deputy should carry out the divorce.

(Q.76) A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the children. Has such a woman, who has violated her marital duties, any right in anything from her husband?: The said woman is not entitled to shari'i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband).