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Fatwa CenterSwedish divorce case
Question
We live in Sweden, I am an engineer, but I have to fill the place of Imam, as much as I can. (Imam in our city mosque). A man came to me, he wants me to give him a divorce paper from his wife who lived with him 31 years, without this paper he is not allowed to bring a new wife to Sweden. (New rule in Sweden) His old wife said that: according to the marriage paper, he should pay to her 600 Iraqis Dinar. This marriage was in 1971 and one Dinar was more than 3 USD. We talked to the man's children (27 years, 23 years, 16 years and 14 years) they said many things which show that the man is not to be trusted. We (as a mosque) refused to give the man divorce paper until he pays the (Moakhar al Sadaq) about 2000USD counted in to day's value.Please note that: The Swedish law can not give the woman her rights.Did we do wrong? We know that the divorce is the man is right. Should the following be a condition for giving the man the divorce paper? The children says that, the man took their money, (they have been working and he collects the money), the man has been talking badly about them. The women and children want the man to pay back what he took from them and declared in public (among Muslims in mosque that he did wrong).
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. If a person has divorced his wife and as long as his divorce is valid you are not permitted to refuse giving him the divorce paper nor are you permitted to conceal witness of his divorce to prevent him bringing his new wife. Allah Says (interpretation of meaning): {…. Let not the scribe refuse to write as Allâh has taught him, …..}[2:282]. Allah also Says (interpretation of meaning): {…….And conceal not the evidence for he, who hides it, surely his heart is sinful. And Allâh is All-Knower of what you do.}[2:283]. Even though he has to pay the Mahr of his ex-wife, has taken money of his children and speaks about them badly, with all his bad practices you are not allowed to conceal the witness which he needs and his demands from you to fulfill his legal and valid requirements. No one should hinder him from receiving the divorce paper though he is poor or indebted. As for his Mahr he has either to pay six hundred Dinars as they had agreed upon it at the time of marriage contract or its current value in any currency. Imposing on him the previous value is not correct. Lost value of the Dinar is a calamity affecting the woman. Allah knows best.
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