Question Summary:
I married to a girl in india around three years before and having one daughter… Question Detail:
I am indian living in gulf country, married to a girl in india around three years before and having one daughter and wife is pregnant now these days. since the begining of the marriage our life runs with disputes, wife behaviour is vey callous always quarelling on the trivial matters of life and demanding divorce everytime, i tried my level best since three years but still not willing to adapt herself. Atlast, i convene a meeting of Elders from both sides to listen to both, resolve the matter, but in that meeting also she behave in the same manner as she used to behave with me and shouted no i do not want to live anymore. In short, without going in deep history, i just want to ask u the following question
1. Can i give divorce while she is pregnent?, because they r threatening me and my family to harrass with the help of anti-social element of the society and with the help of misusing the Dowry laws of the country(i want to inform u that such wifes r misusing law which favors them irrespective of the fact at the initial stages of the case, all falsely accused will be jailed without investigation).
2. what is the procedure of sending One Talaq Baieen from the gulf country to wife in india, is the following format is acceptable, to execute One Talaq Baieen, propsosed by one lawyer?. ....
3. After Execution of above One Talaq Baieen, i Know that Nikah is terminated immediately and they are nomore Husband and wife, is it possible to unite agiain without halalah? if yes how many times it is possible.
4. If it is allowed to unite, by fresh Nikah, then is it acceptable to renew Nikah in the state of Pregnancy?
Answer :
In the name of Allah, Most Gracious, Most Merciful
1. If you have exhausted every avenue to address your marital disputes and you have failed in doing so and if you honestly feel that continuing the marriage will lead to violating each others marital rights, then you will be excused for issuing divorce. Divorcing during pregnancy is valid but you should consider exercising restraint and not issuing divorce at that time as she is experiencing a biological imbalance due to the pregnancy. Furthermore, she is carrying your child and you should show some affection to her in that state. If you wish to divorce your wife, this is not the time. However, in principle divorce issued during pregnancy is valid.
2. The format of divorce is appropriate.
3. If one issues one talaq bain, the husband and wife could be reconciled by performing a fresh nikah. It is not necessary to do halalah as three divorces were not issued.
4. It is permissible to reconcile during pregnancy and perform nikah.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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