Q & A

Question: What is meant by talaaq-e-baain?

Answer: This talaaq takes place when on says to his wife in an in-explicit way that he is giving her a talaaq. For example if he says to her, “Go to your mothers house” and he meant talaaq, then talaaq will take place. She will  now spend her iddat ad the nikah will terminate. If they wish to live together, marriage or nikah will have to take place again.

Question: I have agreed to rent a certain house. I did have some goods in it but now I took them out. Do I still have to pay the rent?

Answer: Once you put your goods in it, it is possessed by you. So because you have taken posession of it and agree to pay the monthly rental, whether you leave it empty or not, you are liable for the rental.

Reference: Baheshti Zewar

Question: My husband and I have been saparated, divorce has taken place and we have a small child. My husband demands custody of the child and says he will take legal action.

Answer: The only action he can take is Shari’ action. In this instance he has no right to take away the child. The mother will have custody of the child. However the father will have to pay for all the expenses borne for bringing up the child. If the mother does not want the child then the father will have to take the child; he has no option.

Question: Can the husband force the wife to stay with his parents?

Answer: The place of shelter must be such that no relative of the husband lives there. It must be free of any relative of the husband whereby the husband and wife can live without any formalities. However, if the wife does not mind living with others, it will be permissible for him to keep her in the same house with other relatives of his, provided that the husband makes adequate arrangements for the purdah of his wife. It is not advised for the husband’s brother to be living in the same house.

Question: A certain Aalim says Fiqh is a process of evolution. Please comment.

Answer: Evolution takes place in Was-aail (means and methods), not Masaa-il (rulings). Salaah is Salaah irrespective of how much evolution takes place. The same applies to fasting, Zakaat, Haj,  Qurbani, Nikaah, Talaaq, Aqeeqah and Hudood. The Mas-aail will always remain the same. Yes, instead of using pens dipped in ink, we use computers. Instead of using camels, we use vehicles and aircrafts. Instead of using lamps, we use electricity. Evolution of society and technology is not a license to revolutionize the Deen which was perfected fourteen centuries ago.