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Fatwa CenterWants to know his rights upon divorcing his wife
Question
I am a new Muslim and I would like to know my Islamic rights and obligations regarding divorce. I have 2 wives. I recently pronounced a single revocable divorce for the 2nd and we have one daughter aged 5 months. Here are my questions:
1) Am I obliged to spend my time equally between the 2 wives during the waiting period?
2) What are my obligations towards the lady after her waiting period expires? Must I provide her housing, a driver, or housemaid, etc? If I am not responsible for her housing, etc, then who is?
3) What are my rights regarding custody of the child? Presently, I am residing and working in Qatar, what if I move from Qatar, does this change the child custody rights? My wife is Qatari, does this make any difference?
4) What are my obligations regarding child support?
Brother, I would be very appreciative if you could answer these questions as soon as possible since I will go in front of the court on the 28th of this month (March) and I would like to know my rights and obligations before I see the judge. Thank you very much and may Allaah reward you. And would it be possible to have your answer in both English and Arabic?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
First of all, we ask Allaah to greatly reward you for your embracing Islam, and we ask Him to make us all firm on this religion until the day we meet Him.
The answers to your questions are as follows:
1) You are not obliged to spend the time equally between your first wife and this second wife whom you divorced and who is still in her waiting period. Even if she is still considered as your wife, you are not obliged to spend the night or stay with her equally as with the first wife. Imaam Ibn Qudaamah
said in relation to a woman who is revocably divorced: 'The husband has separated her from his bed, so he is not obliged to be just with her (in relation to spending the night with her or staying with her).'
2) When her waiting period finishes, then it is her guardian who is responsible for her, or her second husband if she gets remarried. So you are not obliged to provide her with food and shelter after the end of her waiting period.
3) It is the mother who has the right to foster her daughter if she is still entitled to foster her and is not yet remarried because in such a case the fostering of the daughter would be in the hands of the female relatives who are more suitable to foster her, or to you in case there is no one to foster her or the wife renounces the fostering of the child to you.
4) If the fostering of this daughter is granted to you and you are eligible for it, then it is permissible for you to travel with your child. Ar-Ramli, (from the Shaafi'ee school) said: 'If one of the parents wants to travel from one country to another, then it is more appropriate for the father to foster the child if he is eligible for fostering. If it is the father who travels from one country to another, it is also more appropriate for him to take the child with him and foster him as a precaution to preserve the family lineage or for a benefit like for the purpose of education, nurturing and spending [on the child].'
Finally, we draw your attention to the following:
Firstly, it is more appropriate for the court to study the many issues we mentioned on which there is a difference of opinion among the jurists
as the ruling of the judge eliminates the difference of opinion in matters of Ijtihaad (opinion regarding matters that do not have a text directly related to them).
Secondly, if reconciliation and taking back your wife is possible, then this is more appropriate, especially that you have a daughter who needs both of you to nurture her.
Allaah knows best.
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