پايگاه اطلاع رساني دفتر آيت الله العظمي شاهرودي دام ظله
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Friday 22 November 2019 - الجمعة 25 ربيع الأول 1441 - جمعه 1 9 1398

 
 
  • divorce  
  • 2012-01-23 11:18:3  
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     Question :
    Assalamu Alaykum I'm recently married. My brother and father filled marriage contract form (document). Before filling the form my brother asked me in front of my father, if I want to delegate the right of divorce to bride or not. I said no. they filled the document (Nikah nama) accordingly where it was mentioned that I do not give the right of divorce to bride. They show the written form to father of bride and they write in the nikah/marriage form that divorce right will be given to bride. No one communicated this to me or any one from our family. Next day on the time of nikah (marriage ceremony) father of bride offered me the nikah nama (marriage contract form) and said, sign here, pointing the finger toward the signature place. I was expecting the same conditions that were communicated to me. There were crowed of people and situation was not proper to read the document again. I trusted them and signed the document. But after 2 days I cam to know that write of divorce was mentioned on the nikah nama form. My question is what will be the value of this in Islam? I never agreed on giving the right of divorce to bride. If I'm fulfilling all my responsibilities and there is no such physical and spiritual flaw in me where nikah can be nullify. Can she give me divorce without any valid reason? What will be the implementation of this in the context of Islamic laws? I'm worried if she breaks the relation without any valid reason. I informed her every thing what happen. She agrees that this is something unfair to me and she will ask her father about it but we did not talk on this issue again. I am disagreeing to give the divorce right before the beginning of our marriage and I did inform the same to her. Now I have three questions. A) Was it necessary for bride or her father to inform me verbally if she wants such condition to have in marriage contract? B) Is this marriage valid? If it is not invalid marriage, did I commit sin and fornication by having physical relations in an invalid marriage contract? C) Is informing her will validate the marriage? Even if she disagree and wants the divorce right? C) If informing her what happened will validate the marriage then what about the divorce right? Will she have the divorce right or not? What will be applicable if she agree to release the divorce right? What will be applicable if she disagree and want to hold the divorce right? This is very important to me. Please advice. Thank you very much for your time. Wa Alaykum Assalam

     

     Answer :
    1) This sign is not valid,and the bride can not give you divorce.

    A) if you pronounce the formula of marriage, and it finished with the agreement on special conditions they can not add any condition to it.

    B) This marriage is valid. if she before pronouncing the formula belived you give the divorce right to her, informing her with her accepling, validate the marriage. and without this pre supposition, your marriage is valid at all. even she disagree.

     

    Ayatullah Shahroudi\

     
     

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