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Question |
i have been married in feb 2010, after rukhsati, my wife sadia was gone back after few days to her parents home accompanied by her father and sister as a tradition. she was very happy , getting some money for expenses and with out missunderstanding of any kind. she lived very happy,as well as a good sex relations.after few days her parents refused to back her and disconnects all the ways i.e mobiles/phones etc. after some days they launch a case in a civil court for dissolution of marraige with some false allegations and recovery of dowry items of more than 4 lacs. actually they did not give me single penny in form of dowry or else, the peoples at sight and Allha knows.they alleged that i m a low paid servant i.e seppoy. querrled and use to beaten her, and doing pilfridge with her dowry.it is again reminded that the allegation and claim of dowry were totally false.neither she or her parents called me for dissolution/talaq or demanded khula. now the court awarded the khula. the false case of dowry was settled by advocates by extra payment of rs 30000/ which i paid to my advocates .she also take the haq mahar fully. i did not give her divorce nor will give in future. i believe the right of divorce rests with husband. there is no any valid ground/reasons for dissolution .she lives with me very happy, she and her sister take all article of my jewellery and clothes etc with her with out intimation or permission .there is no question of my low rank job or financial position .her allegation was false and base less . i have a good job(officer rank) and sound financial position.
i am confident this khula is not valid as per islamic teachings. what is ur opinion in the light of teaching of islam. thanks |
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Answer |
Note : is website per fiqha e jaffaria k mutabiq jawabaat diay jatay hein.
Fiqh e jaafriya(Shia) main talaaq ki chand shartain hain jin ki pabandi nah ki jaay tu talaaq nahi hoti. 1.talaq k waqt aurat haiz or nifaas say paak ho or is paaki k doran merd nay jima(intercourse) nah kia ho. 2.talaq zabani dijaay.yani likh ker talaq dayna batil hay or talaq nahi kehlaay gi. 3.zarori hay k talaq arbi zaban main di jaay. 4.talaaq do adil(jo zaahiran gunahgaar nah hoon,or wajib kaamo per amal kertay hon or haram kaamo say bachtay hon) gawahoo ki maujoodgi main di jaay. 5.Merd talaaq k waqt talaq ki niyat rakhta ho,layhaaza agar wo maslan mazaaq ya nashay ki halat main talaq day tu,talaaq sahi nahi hogi.in sharait ki raushni main court say talaq lain sahi nahi or aisi talaq ghalat or batil hay. (ref:Ayat Ullah Seestani(d.b), Tauzee hul masail, maslah# 2462 to 2464 & pg#460).
Agar bivi apnay shohar se itni bayzaar ho jay keh bil-akhir apnay shohar k hoqooq ada kernay per qudrat nah rakh sakay or is baat per bhi raazi ho jay k apnay shohor ko khuch maal waghaira baksh day takeh wo osay talaq day ker azaad ker day laikin shohar is paishkash ko thukra raha ho or aurat ko talaaq nah day raha ho tab bhi haakim e shara(mujtahid) tak k liay talaq daina jaiz nahi hay.(Ref:Ayatullah Sistani(d.b), mujtahid say pochay gay sawalaat part#2, Maslah#148 )
Note: jab aisi halat main haakim e shara(mujtahid) k liay talaq daina jaiz nahi hay tu adalat k liay talaq daina kaisay jaiz hoga. (Khuda aap ki tawfiqaat mein izafa farmaye)
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