A Question About Divorce
Question
A Question About Divorce I need your help very very urgently. I have the following problem:- I am a sunni while the girl I married is Shia, we were married three years ago. We have been having many problems from the first day. We compromised and had a Shia Nikah first then a Sunni Nikah. We got separated many times during these three years, and were again separated in February 1998. We had no contact for four months. I left Pakistan and was working in US for a while, then I got contacted by my Wife that she was pregnant and wanted to have the baby in US. We started discussing this birth for two months, then she wrote via email that this was all a joke and she was not expecting. I came back to Pakistan in October. I filed for a divorce in Union Council pronouncing divorce three times and the notice was served at her last known address which was her parents house. After filing, within two weeks I got contacted by her that she was in US and had given birth to a baby boy. She is back at her parent's house and I have met my son. I have now filed with the Union council that I did not want a divorce since my wife had given birth to a baby and I/We wanted to reconcile and offer this new life a chance to grow up with both parents. My question is, can we go back to being man and wife by Sunni tradition?? Or is there any way for us to be able to get back within the norms of Islam?? Reply Before I answer your particular question, it would be advisable that you should understand the directives of the Shari`ah regarding divorce. For this, I would request you to refer to one of my previous replies to a similar question . After fully understanding the directives of the Shari`ah regarding divorce, it should be quite clear to you that pronouncing three divorces at the same time is not only not recommended by the Shari`ah, but also a disregard to the directives of the Shari`ah. It should, therefore, be ascertained before I can give any opinion that why did you pronounce three divorces at a time and not just one. Moreover please also let me know when was the child born and when did you find out about his birth? Why was his birth kept hidden from you (if it was)? Do you sincerely think that the differences among the two of you can be permenantly resolved? Does your wife think so too? I shall be able to give my opinion, only after I get answers to these questions. May Allah help us all in abiding by His Shari`ah. Regards Go to Next Letter The Learner
Answer
A Question About Divorce I need your help very very urgently. I have the following problem:- I am a sunni while the girl I married is Shia, we were married three years ago. We have been having many problems from the first day. We compromised and had a Shia Nikah first then a Sunni Nikah. We got separated many times during these three years, and were again separated in February 1998. We had no contact for four months. I left Pakistan and was working in US for a while, then I got contacted by my Wife that she was pregnant and wanted to have the baby in US. We started discussing this birth for two months, then she wrote via email that this was all a joke and she was not expecting. I came back to Pakistan in October. I filed for a divorce in Union Council pronouncing divorce three times and the notice was served at her last known address which was her parents house. After filing, within two weeks I got contacted by her that she was in US and had given birth to a baby boy. She is back at her parent's house and I have met my son. I have now filed with the Union council that I did not want a divorce since my wife had given birth to a baby and I/We wanted to reconcile and offer this new life a chance to grow up with both parents. My question is, can we go back to being man and wife by Sunni tradition?? Or is there any way for us to be able to get back within the norms of Islam?? Reply Before I answer your particular question, it would be advisable that you should understand the directives of the Shari`ah regarding divorce. For this, I would request you to refer to one of my previous replies to a similar question . After fully understanding the directives of the Shari`ah regarding divorce, it should be quite clear to you that pronouncing three divorces at the same time is not only not recommended by the Shari`ah, but also a disregard to the directives of the Shari`ah. It should, therefore, be ascertained before I can give any opinion that why did you pronounce three divorces at a time and not just one. Moreover please also let me know when was the child born and when did you find out about his birth? Why was his birth kept hidden from you (if it was)? Do you sincerely think that the differences among the two of you can be permenantly resolved? Does your wife think so too? I shall be able to give my opinion, only after I get answers to these questions. May Allah help us all in abiding by His Shari`ah. Regards Go to Next Letter The Learner
Ask a follow-up
A follow-up appears here only after an editor approves it.