I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.
[1] Minor irrevocable divorce [Ar.Talaq al-Ba'in Binona Soghra]: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth [Ar.Mahr].
[1] In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.
Is the `Iddah (waiting period) of the divorced effective from the time the divorce took place, or from the time of registering it at the court?
It is considered effective from the time the divorce took place, and not from the time of registering it at the court.
Is it permissible for a woman to sit with her brothers –in- law?
It is impermissible for a woman to sit with her brothers-in-law, and it is also impermissible for a person to have a Khulwa(seclusion) with his sister-in-law.
What is the ruling of Sharia on unregistered marriage in Jordan?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [Related by Tirmithi, Hadith No.1102]. The Prophet (Peace and blessings be upon him) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best
