The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 23 No 06, p.12

My brother is in jail. He does not know for how long he will remain in jail.

Question

My brother is in jail. He does not know for how long he will remain in jail. His wife has no means of support. Should he divorce her? Who is responsible for her maintenance?

Answer

If the wife wants to be divorced, the husband in prison should issue Talaaq. If she does not want to be divorced, then her husband should not issue Talaaq. It is your duty and the duty of the family, i.e. the other males in your family, to support the woman. If you are not by the means, then it is the obligation of the community to assist the woman with Zakaat funds. If they fail in this duty, the whole community will be answerable to Allah Ta'ala.

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The Majlis Vol 23 No 06
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