What is a mulsim law for a mulsim women if she wants to file a divorce case against her husband.?

Question

I,Mrs.Shaheen shaikh married to a mulsim person for the last 15 years would like to have justice from the Mahila Mandal Ayog. I am converted christian to muslim by husband at the time of my marriage. I have two sons 14 and 9 years old. From the beginning my husband had a very bad impression about my character, he used to abuse me,hit me very badly and her mother used to support him. I am a working woman. My husband is only 11th pass and I am a graduate and an office administrator. My husband is a site supervisor with a pvt. firm. He used to have a very bad impression about my character because in his relatives many women had an affair with their own relatives.Today I have nobody in my life my father and mother have expired and my elder sister who lives in kurla does not talk to me for the last 15 years. Now the situation has become so worse that he and his mother has blamed me of having an illicit relations of my with his cousin brother who is 15 years younger to me.
Tel# [phone]

Answer 1

Dear Sister:
First of all you delete yourTelephone n. from the question:

Mr. Batigol: Everything wrote in his massage to you:In my openion i have been one of my sisters divorce case. That is so horrible to get divorce. If you file the case in Women police station, they will not file the case without evidence; they need some money (bribe) for filing case (which hapened to my sister)After you file the case there is no shelter for you. Your brother ignore you. you think this police can give you good solution. The case will come to court after six months for hearing. It will take 2 to 4 years. After 4 or 5 years I am not sure you will get the divorce from him. Because our some lawyers are very currepted.
My Advise you better to live separated with your husband for few months. Just you see what will be happened. Your Kids now they are going to school may be. Give them good education, and give them good atmospheare.

If you want divorce do one thing : go to near any mosque (masjid) there is one Imam ask him for solutions. tell your all problems. He will explain you every thing.

Answer 2

If you're in the United States you're very fortunate, in that you do have some legal rights. There's a lot of good legal advice here about divorce, so I'll leave that alone. I will pass on one of the most important pieces of advice that came to me. Whether you can afford an attorney, whether you have any resources at all of your own, if you're serious about divorce LEAVE! Go to a women's shelter if you have no place else to go. There are rare cases where a husband and wife can continue to live together during a divorce, but they are very rare.

I'm sure you're aware your life is at risk. Do not under any circumstances accept an "informal" solution, such as if your husband's family suggests one of their elders mediate . My wife worked in Saudi Arabia for a time. She saw women accept such a proposition, go off with their husband to meet the mediator, and they were never seen or heard from again. If you're in America, take advantage of it. Most people born here have no idea how good they have it compared to people in other countries.

Good luck and God Bless you.

Answer 3

Let me first inform you as far going to any Mahila Mandal Ayog for any matrimonial dispute means getting engaged in numerous cases both criminal & civil just for a matter that can be solved by filling a simple civil case for divorce under the Dissolution of Muslim Marriages Act, 1939 in the Family Court where to reside. I will never advice any person to indulge in innumerous cases & just go in for the real relief which you want, as in this case you look forward to divorce from him on the ground of cruelty. Section 2 (viii)(a) of this Act clearly provides that the husband treats her with cruelty, that is to say, habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment. Engage a lawyer to file this divorce case under these provisions as I mentioned here in the Family court & get this marriage dissolved.

Answer 4

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.

Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.

Answer 5

First of all, I would like to state that Islam respects the institution of marriage and I would advise you to sort out the problems with your husband. Because Islam preaches that "divorce is the most hated thing among the things permitted for the believers". But, if u think that things are really not working and splitting up with husband is the only option, Islam gives women the right to do so. Please read through the entire answer with patience. May Allah bless you with a better life.

The woman does have the right to divorce. The divorce initiated by the woman is of two types: Khul and Fasq.

The woman who hates her husband and dislikes to live with him can ask for a divorce from him. This is Khula. The condition for Khula is that she has to return the dowry (Mahar) which was given to her by the husband. This then means that she is to return the wealth that she had acquired by way of marriage. Observe the verse of the Qur’an which describes the matter:
“A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you, (men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by God. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by God; so do not transgress them if any do transgress the limits ordained by God, such persons wrong (themselves as well as others).” (2:229).

The following constitute the conditions associated with Khula:

One: Like Talaq, Khula is not allowed except in the most compelling of situations. The Prophet had said, “The woman who demands a divorce from her husband except in extreme conditions will not even smell the fragrance of paradise.”(Abu Dawood).

Two: It is the obligation of the husband to release the woman if she demands Khula.

Three: The man has the right to ask for the full or partial repayment of his marriage dower. He cannot, however, demand anything above the value of the dower.

Four: The Khula becomes valid the moment the man gets back the amount that he asks for. That is to say that the woman then ceases to be the wife of the man.

It can be seen that such divorces did take place during the time of the Prophet himself. Moreover, the practice of compelling the wife, who displeases oneself, to undertake Khula was also prevalent in those times. This was mainly done in order to take back the dower which the man had given her at the time of their marriage. The Qur’an has strictly prohibited such practices:
“O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them, - except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equality. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good. “(4:19)

Fasq is the second form of divorce that can be used by the woman. This is the type of divorce that can be wrested, with the help of the judge, from the man who denies the wife her rights and refuses to grant her divorce as well. The wife can go in for a separation with the help of the judge in all cases where the husband is proven to be barren, where he is found to be incapable of sexual relations, indulges in extra marital affairs, treats her cruelty, forces her into immoral ways, denies her basic amenities of life, uses her wealth unlawfully, treats her unequally where there is more than one wife involved and wherein he converts to another religion. This is Fasq. The wife can also use Fasq in a situation where she has been compelled by her guardian to accept a husband whom she dislikes and when she is unable to trace the location of her husband beyond a reasonable stretch of time.

The condition for Fasq is that it must be carried out through the offices of the judge. For it is the judge who decides whether the reasons being raised by the wife provide sufficient cause for the promulgation of Fasq. If such is, indeed, the case then she has the provision to separate from him without parting with the dower money.

Briefly put, therefore, it is clear here that it is the Lord Creator, Who is best aware of the nature of both man and woman, who has devised methods of divorce that are best and most suitable for mankind.

Answer 6

you can take help of the Dissolution of Muslim Marriages Act, 1939. This is specifically an Act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married woman on her marriage tie.

One of the grounds for decree for dissolution of marriage includes that the husband treats her with cruelty, that is to say,

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute of leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,

(ix) on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law,

You can obtain a legal decree for divorce, if you wish.
Best.

Answer 7

here you have chances to get divorce from your husband by both masjid and as wellas from court.but you has to produce some strong witness or evidence about your report , then keep your childrens support to your side, if they didnt support means it wont make any cause to you, because both of the childrens are minors, so dont worry.

Answer 8

I just want to say I am sorry you are going through this. I hope everything will be alright. Stay strong.

Answer 9

hi im sufi apne abhi tak itna saha he apke bachche bade ho gaye maa baap ke partishan se bachchon par bura asar padta he ya to apko bahot pehle ye disijan lena tha bade bachcho ki zimmedari aur bhi zyada hoti he 100/p bachche bigad jate he chahe ma ke pas rahe chahe papa ke pas rahe so aap muslim ho quraan pac me ayate he unhe pad kar un par dum kar dije inshaallh sab thik ho jaeaga 5 ungliyo par kaf ha ya ain suaad pad kar muthi band kare jab dam kare to mutthi foran khol de isi tarha kai bar karye inshshaallh sab thik ho jaege khuda hafiz

Answer 10

Under Muslim law the wife clearly needs to be stoned or beheaded. It is up to the wise elders to decide.