Fatawa Marriage, Divorce, Related Properties 2000-2019 Fatawa Marriage, Divorce, Property 2019
Total Page:16
File Type:pdf, Size:1020Kb
FATAWA MARRIAGE, DIVORCE, RELATED PROPERTIES 2000-2019 FATAWA MARRIAGE, DIVORCE, PROPERTY 2019 From: Dr. Mohsen Sent: Thursday, March 7, 2019 Subject: wife's jewellery As-salamu alaykum dear Prof. Monzer, Hope you are fine. Please take the time to answer the following question: Few months back I was going to my parents house for delivery of my first child. My mother wanted me to wear all the Gold jewellery and come. I had some at home and the remaining in the Banks locker. I asked my husband to get the remaining jewellery from the locker but he didn't take me to the bank nor got it. He kept saying he will not. As per him it didn't make sense for me to take all my jewellery to my home for delivery. I told him as it belonged to me I want it but he was not listening to me.. I started crying so my mother spoke to my husband in a harsh and rude (her tone was high) way as she was angry cos I was pregnant and my husband made me cry. she asked him to get it that day only it doesn't matter.. My husband was upset and angry as he thought my mother was accusing him that he has taken my jewellery and misused that's why she wanted to see the gold to cross check if it's there or not. My mother did speak to him in angry Tone but she didn't accuse him directly. My husband still thinks that my mother accused him of taking my jewellery, while I tell him that It's also his mistake as he didn't listen to me when I was pleading him to get the jewellery from bank. Now my husband and mother are not in talking terms and this has also resulted in differences in our marriage. Question is 1.Isn't my husband at fault for not giving something which belonged to me. As all the gold was gift from my mother and his parents, I'm the rightful owner of the gold Jewellery. He denied my right when I was pleading him. Which resulted in the argument between my mother and him. 2. My husband wants me to return the gold to my mother (it was a gift from her during my wedding) cos he says it still hurts him and it's about his respect now and thinks my mother did accuse him of taking away my jewellery so he doesn't want it to be with me. If I return the gold to her it might severe ties With her. I don't have a father and my mother has struggled a lot for her children. Please advice me on this. My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in DearSr. Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh While you are right fully on being the owner of the jeweleries, I cannot nswer your questions that relate to relations between family members as I am not a specialist in this are. I suggest that you seek advice from a professional family relations specialist not from an Imam of a mosque. Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog ----------------------------------------------------------------- From: Dr. Mohsen Date: February 15, 2019 Subject: Should I get married? Dear Prof. Monzer, As-salamu alaykum Hope you are fine. Please take the time to answer this question: Jasmine As salamu alaykum. I would like this question of mine to be answered privately, which it includes of not posting my question open to the public to benefit others, because someone (my local Sheikh) who knows me might recognize what I am asking. I am sending my question to you to get a second opinion on what I should do in my situation. I am 23 years old, living in Northern Virginia, living with my dad, his family (uncle, aunt, & grandma), my stepmom, baby sister, and my sister who is 21 years old. My family have been facing financial crisis since 2014, when my dad married my stepmom (Christian). My dad and my real mom (Christian & currently in her 60's) divorced in 2013 for multiple of reasons, which I am fine, because she does not like Islam. However, I am still in touch with her. She is currently recovering from a severe stroke, living with her daughter who is from another man that my mom used to be married to before she met my dad. My dad is 53 years old who has a good job. My stepmom is in her 30's who has a good job, but does not pay for many things nor does she helps my dad, including not taking well care of her baby who was born in November. My uncle is living with us, because he is divorced, does not have a good job, pays for some expenses for the house (my dad as well but he does not spend like how my uncle does, which my uncle pays for almost everything and my dad never gave money back to him as a repayment). My uncle is also in a financial crisis as well. My grandma, aunt, and sister do not work. My grandma receives money from the government, but it is not enough to cover for many things. My sister and I are students at our local university ( 4 years). I work at my school as a part time, but the pay is not good enough. I am also a part time student, which I have been since I transferred from my community college (I was able to finish within 2 years to get my associate degree). When I came to university, my first semester, I took two classes, rest of the semesters I only took one class minus last summer. My sister was full time student during the duration when I was in community college in the fall of 2015 (I think) which it was her first time being a university student. When I came to my 4 year university, she was still a full time student, but for this semester she is a part time student taking three classes only. The reason why she became a part time student, because my stepmom asked my dad to get a new house for them. My dad and stepmom were living in 2014 till this past summer 30 minutes away from us, in an expensive apartment. They moved in with us cause my dad wanted to save some money. My dad wanted to get a loan for the house that they are planning to move next year, he had to show that he is paying less expenses to get the loan. He made me to pay for my first installment in December, he is suppose to return the money back to me, but on Friday he told my grandma and aunt that he owes 5,000 dollars for taxes. No one in the family is able to give him this amount of money. My dad also agreed with me a few months ago that each month he is suppose to give me 200 dollars for gas and food, but when this news came, he told me on Saturday that he might not be able to do not. He wants my sister and I to pay our own expenses such as school, gas, food, and so on. In addition, he told me this past Saturday that he owes like 8,000 dollars for taxes, so I am uncertain what he is doing. I spoke to my local Sheikh about this situation, I wanted to know whether I should stop my studies or stop my studies for the time being and get marry. He told me that getting marry right now is not an option. He told me that he will figure out what the masjid can do for me, but I should find another job, complete my studies, once I am done with my studies, I should get marry. Is the advice my local Sheikh gave to me a wise decision? My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in Dear Br. Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh I suggest that you should consult a family counceller not me or the Imam of the mosque. Meanwhile I suggest that you must not quit school, rather you must complete a bachler’s degree because that is what give you an opprtunity for good salary. Also unless, it is physically necessary for you, delay marriage until you sort out the financial and income matters. Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog ----------------------------------------------------------------- From: Dr. Mohsen Sent: Tuesday, January 22, 2019 Subject: Husband is demanding my gold jewellery Dear Prof. Monzer, As-salamu alaykum Hope this message finds you in the best of health and Iman. I am wondering if you have some time to answer this question: Khatijah Assalamu Alaikkum dear sir. I would like to know if my husband has the right to demand my gold jewellery which was gifted to me by my parents on the occasion of my wedding more than two decades ago.