What should a woman do if she is unjustly treated?
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The Details of the Question
Salam o alekum
I married my daughter to a person before nikah. He and his family was very nice at the beginnig but after nikah all of them changed dramatically. Espacially the boy. He is constantly cursing her and her family. He beat her because she recieves phone calls from her family. They are asking her to accept the divorcement. He never paid mahr to the girl. My daughter is working as a doctor but she stays with him. She need seperation/divorcement from him please me what should I do? She is 4 or 5 weeks pregnant... Submitted by on Thu, 03/09/2009 - 10:17
The Answer
Dear Brother / Sister,
A woman can divorce from her husband if she is unjustly treated. She can even get the right of her mahr (portion paid by the groom to the bride for marriage) payment in the event of divorcement.
Who has to take after the children in the case of spouses getting divorced?
Taking care of the children is the responsibility of the mother and affording the expenses is the responsibility of the father.
Because, the mother has the compassion and the skills needed to take care of the children and the father has the skills for preparing the conditions and affording the expenses. Therefore, the father has to supply the alimony of the children who are with their mother. However, the mother does not have to afford her children’s subsistence in the same way. If she does not accept to look after them, the mother of the father and his other relatives are obliged to take care of the children.
• The mother’s protecting the children continue till the daughter is nine and the son is seven. After that, the right of protecting them belongs to the father. The father is deemed more suitable to protect them, then.
• The children are given to the mother even if the mother is not Muslim. However, if it appears that they are raised in a way opposite to Islam and they are indoctrinated to be estranged from the religion, they are taken from their mother and given to a relative that will not act so. Thus, the mother loses her right to protect the children.
• In order that the mother can keep her the right of protecting her children, she must not be married to another man and she must be able to take care of her children and protect them. A mother, who gets married or has deficiency in her chastity and intelligence, loses her right of protection. The children are taken from her and given to the father.
• A mother, who continues protecting her children, has three kinds of payment in point of expenses:
- If the child is suckling, the payment for breast-feeding; the payment for nursing and the payment for the child’s own expenses.
For those three kinds of expenses, the father pays an amount that the experts approve for the mother. He can visit his child when s/he is with mother. There is no obligation for taking the child to him.
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