Question ID: 25283
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SALAAMS

MUFTI

I HAVE GIVEN MY WIFE A 2ND TALAQ DURING HER MENSES WHICH WAS WRONG OF ME.MY WIFE IS DETERMINED TO SIT IN OUR HOUSE FOR HER IDAT.REFUSES TO GO TO HER PARENTS AS MUFTI A.K SAID THAT SHE SHOULD SIT THE IDAT IN HER HOUSE.UNDER NORMAL CIRCUMSTANCES SHE LOVES GOING TO HER PARENTS HOUSE AND TAKES THE BABY WITH.

I WOULD HAVE MOVED OUT BUT I DONT HAVE MY PARENTS HERE OR NEITHER DO I HAVE ANOTHER PLACE TO STAY AT.

ITS NOW 4 DAYS AND MY WIFE STARTED TO WORK AGAIN.SHE CLAIMS THAT SHE IS ABLE TO WORK IN HER IDAT AS SHE NEEDS TO SUPPORT HERSELF.SHE HAS SUFFICIENT MONEY IN THE BANK AND HAS RECENTLY BOUGHT A NEW CAR .SHE LEAVES THE 4MONTH OLD CHILD WITH EITHER HER FAMILY MEMBER OR HER FRIENDS.SHE CLAIMS THAT I HAVE NO RIGHT TO THE CHILD AND I AM NOT ABLE TO PLAY HIM.

ALSO DURING HER IDAT TIME AT HOME SHE IS WATCHING T.V CONSTANTLY,BRINGING FEMALE FRIENDS OVER TO CHAT AND LAUGH AND SHE IS CONSTANTLY ON THE PHONE HAVING A GOOD TIME

SHE USES ISLAM FOR HER CONVENIENCE TO SUIT HER NEEDS.

MY QUESTIONS ARE

1)UNDER WHAT CIRCUMSTANCES IS SHE ABLE TO WORK?WHAT ABOUT THE CHILD

2)SHOULD SHE NOT GO TO HER PARENTS HOME AND TAKE THE IDAT MORE SERIOUSLY? 3) Y STAY AND MAKE THINGS MORE COMPLICATED. JZK

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Asked on April 19, 2009 12:00 am
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Private answer
1) As per your description she should stay at home and not go to work.
2) Let her complete her Iddat, where she started.
3) Negotiate child rights for both parties.
See book on Iddat on site:
http://www.alislam.co.za/uploads/Iddat.pdf
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Answered on April 19, 2009 12:00 am