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When a woman’s husband disappears or goes missing and it is not known whether he is alive or dead, then such a woman cannot enter into a second marriage. Instead, she should remain waiting in the hope that her husband will return. When she remains waiting until such a time that her husband must have reached 90 years of age, we will give the ruling that he must have passed away by now. Based on this, if a woman is still young and she wishes to remarry, she must wait until her husband’s age must have reached 90, thereafter she must complete her ‘iddah, and then she can enter into a second marriage. However, the condition for this is that the ruling that her first husband must have passed away by now will have to be passed by a Shar’î judge.

1. A person says to his wife: “You are equal to my mother.”,”To me, you are equal to my mother”, “According to me, you are equal to my mother”, “According to me, now you are similar to my mother or like my mother”. In all the above cases, look at the intention of the person and what did he mean by these words. If he meant that she is similar or equal to his mother in respect and piety or that she is absolutely old just like his mother, equal in age to her, etc. then there will be nothing wrong in saying all these things and no rule will be enforced. Similarly, if he did not intend anything at the time of uttering these words or did not mean what he said but merely blurted these words out, even then no rule will be enforced.  Read more... (1045 words, estimated 4:11 mins reading time)

1. While a person was sick, he divorced his wife. Prior to the expiry of her ‘iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talâqur raj’î or talâqul bâ’in – she is still entitled to receive her share of the inheritance. If the husband dies after the completion of her ‘iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance. This is irrespective of whether she had completed her ‘iddah or not.  Read more... (500 words, estimated 2:00 mins reading time)

After the bride’s departure from her parents’ home, the bride and bridegroom met in privacy and also engaged in sexual intercourse. Thereafter, if the husband issues one or two divorces in clear terms, talâqur raj’î will take place. If he utters the divorce in vague terms, talâqul bâ’in will take place. In talâqur raj’î he will have the choice of going back to his wife, while in talâqul bâ’in he will not have the choice. However, if he did not issue three divorces, they can re-marry within her ‘iddah (if both of them wish to remarry) and after the expiry of the ‘iddah as well. But if she wishes to marry another person, she can do so only after the expiry of her ‘iddah. But it should be borne in mind that the ‘iddah is necessary in all forms of divorce. As long as the ‘iddah has not expired, a second or third divorce can also be issued.  Read more... (290 words, estimated 1:10 mins reading time)

Before the bride could even go to her husband’s home, he divorced her. Alternatively, she went to her husband’s home but they did not meet in privacy or seclusion which could be considered to be valid in the Sharî‘ah. This privacy or seclusion was explained in the chapter on mahr. Before they could meet in privacy and seclusion, the husband divorced her. In such circumstances, talâqul bâ’in will take place irrespective of whether the divorce was uttered in clear words or in vague terms. When such a woman is divorced, talâqul bâ’in will take place and she does not have to complete any ‘iddah. Immediately after being divorced, she can marry another person. Furthermore, after issuing one divorce to such a woman, the man does not have the right or choice of giving a second or third divorce. If he does so, it will not apply. However, if in the first time, he says: “I give you two divorces, or, three divorces”, two or three divorces will take place. If he says: “I divorce you, divorce you, divorce you”, even then one divorce will take place with regard to such a woman.

1. If a husband who is mature, not a lunatic nor a mad person divorces his wife, the divorce will come into effect. As for the husband who is not mature, who is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect.

2. A sleeping person uttered the following words: “You are divorced” or he said: “I divorce my wife.” On uttering these words, divorce does not come into effect.  Read more... (201 words, estimated 48 secs reading time)

1. When purchasing dry groceries, seeds, etc. a person has the choice of purchasing it after having it properly weighed or he could say:   ”I am buying a certain amount of wheat for R1.” Alternatively, he could purchase it as it is (i.e. without having it weighed nor specifying any amount) and say:    ”I am buying this heap of wheat for R1.” No matter how much of wheat may be in that heap, all will belong to him (once he purchases it).  Read more... (657 words, estimated 2:38 mins reading time)

11. It is mentioned in a Hadîth that you should not propose to a girl when your fellow Muslim brother has already proposed to her until he gets married or gives up this proposal. In other words, when a person has sent a proposal to a particular family and there is a likelihood of their replying in the affirmative, another person should not send a proposal to that same family. However, if they reject this first person, or he himself changes his mind, or they are not too happy with him and are still hesitant in giving a reply, it will be permissible for another person to send a proposal for the same girl.  Read more... (811 words, estimated 3:15 mins reading time)

Q. “We do know that a woman, during her monthly periods, is forbidden from performing Salah and from the recitation of the Holy Qur’an. But we want to confirm whether the Arabic prayers and the “Tasbihat” are also prohibited for a women during her monthly period? please also tell us about the “durood Sharif”, whether it is allowed or not”
(Yasmin Nasim, Karachi)

A. Only four kinds of ‘Ibadah’ (worship) are prohibited for a woman during her monthly periods,
(i) Salah (namaz)
(ii) Fast
(iii) Tawaf of the Ka’bah
(iv) Recitation of the Holy Quran.  Read more... (228 words, estimated 55 secs reading time)

1. Once a  nikâh  is performed, it will be valid irrespective of whether mention of any mahr  was made or not. Despite it being valid, one will have to give the      mahr . In fact, if a person makes the condition that he will not give any       mahr  and that he is marrying the woman without any  mahr , he will still have to give the  mahr .  Read more... (1068 words, estimated 4:16 mins reading time)