Sunday, January 16, 2005

Marriage contract with conditional right for divorce for the wife

Question: At the time of Nikah I did not give the right of divorce to my wife, but her parent's made entry in Nikah form afterwords that I am giving this right to her.After spending three days at my home, she was taken back by her parents, and send divorce to me. I want to know:-
1 Is it true that someone must have asked me about this right during Nikah.
2 Whether divorce has taken place or not.
3 If she remarries it would be sin or not
4 Islamic ruling on above mention issue.

Answer: The condition put is invalid. She does not have the right to divorce. She is still your wife unless you divorced her. She cannot remarry unless you divorce her and she goes through the ^iddah as required.

... and Allah knows best.