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Meher Vs. Court Mandated Settlement

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AbdiWahab252
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Meher Vs. Court Mandated Settlement

Postby AbdiWahab252 » Wed Feb 06, 2013 12:13 pm

So folks, if you are married and things don't work out ? Can your wife sue you for alimony ? Alimony is support provided to your former spouse after a divorce. I sense it would be haram to ask for alimony because you did give her Meher which should cover that. I understand that child support must be paid but why pay meher and then alimony.

What do the scholars think ?

Jazakallah !

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Re: Meher Vs. Court Mandated Settlement

Postby Shirib » Wed Feb 06, 2013 12:20 pm

Maher is alimony

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Re: Meher Vs. Court Mandated Settlement

Postby AbdiWahab252 » Wed Feb 06, 2013 12:21 pm

Shirib,

A one shot deal. Say you gave her dahab worth $5,000 and meher worth $3,000. You are off the hook. So none of this business of paying $900/month for the indefinite future.

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Re: Meher Vs. Court Mandated Settlement

Postby Minneapolis Mayor » Wed Feb 06, 2013 12:34 pm

To be eligible for Alimony, she has to proof that, she has no other source of income other than your paycheck. That comes with a huge responsibility for the girl. She can't have a live in boyfriend, or a roomate because that would have to be accounted for. She can't move in family members as they need to bring their income as well. Basically, her living conditions and status would have to remain as you left for her to receive the alimony.

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Re: Meher Vs. Court Mandated Settlement

Postby Navy9 » Wed Feb 06, 2013 2:48 pm

If the woman is asking for the divorce, then, I guess you are off the hook. But if you are divorcing her,then, she is entitled to everything, i guess.




PS: Don't divorce her, stay in your marriage. As my father would say, a rolling stone gathers no moss.

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Re: Meher Vs. Court Mandated Settlement

Postby waryaa » Wed Feb 06, 2013 3:05 pm

awahab, i dnt know what rel scholars say about alimony, however, Islam tells us to obey the laws of the land we live in regardless of its system of governance. So if the laws of the country you reside allow getting alimony from your spouse then both of you are allowed to sue the other for such support.

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Re: Meher Vs. Court Mandated Settlement

Postby abdikarim86 » Wed Feb 06, 2013 3:09 pm

^True.

however let me get this straight, islamically speaking after a divorce
if there are kids, you have to provide for them, but if there aren't kids
you give your wife her meher unless it was initiated by her.

Seems fair

So what is this alimony business, why are you expected
to give money to this woman if you had no kids with her?
Surely divorce means go your separate ways

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Re: Meher Vs. Court Mandated Settlement

Postby Navy9 » Wed Feb 06, 2013 3:10 pm

Warya,

Just for general knowledge, is there a fixed percentage of the working spouse's income deducted for alimony?

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Re: Meher Vs. Court Mandated Settlement

Postby Shirib » Wed Feb 06, 2013 3:19 pm

^True.

however let me get this straight, islamically speaking after a divorce
if there are kids, you have to provide for them, but if there aren't kids
you give your wife her meher unless it was initiated by her.

Seems fair

So what is this alimony business, why are you expected
to give money to this woman if you had no kids with her?
Surely divorce means go your separate ways
Meher has to be given to her whether you guys are married or divorced. She is entitled to it regardless of what happens to the marriage. She doesn't get it only if she get's divorced.

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Re: Meher Vs. Court Mandated Settlement

Postby PrinceDaadi » Wed Feb 06, 2013 3:41 pm

^True.

however let me get this straight, islamically speaking after a divorce
if there are kids, you have to provide for them, but if there aren't kids
you give your wife her meher unless it was initiated by her.

Seems fair

So what is this alimony business, why are you expected
to give money to this woman if you had no kids with her?
Surely divorce means go your separate ways

Naagta hadii is furtaan oo aad meherkeedi horay aad u siisay ama aad markaas siiso ciyaalna eysan ku haynin waad kala dhamateen. under Islam there is no such thing as alimony!

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Re: Meher Vs. Court Mandated Settlement

Postby abdikarim86 » Wed Feb 06, 2013 4:31 pm

^True.

however let me get this straight, islamically speaking after a divorce
if there are kids, you have to provide for them, but if there aren't kids
you give your wife her meher unless it was initiated by her.

Seems fair

So what is this alimony business, why are you expected
to give money to this woman if you had no kids with her?
Surely divorce means go your separate ways
Meher has to be given to her whether you guys are married or divorced. She is entitled to it regardless of what happens to the marriage. She doesn't get it only if she get's divorced.
I know what you're talking about ...but I've heard people
delaying its payment.

Mida kale I thought if a woman initiates divorce
where reasons of abondoment, no kids and no provision
are not the case i.e. everything else then she gives back the meher.

Is this huuhaa or is it valid?

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Re: Meher Vs. Court Mandated Settlement

Postby waryaa » Wed Feb 06, 2013 9:50 pm

Warya,

Just for general knowledge, is there a fixed percentage of the working spouse's income deducted for alimony?
navy, i think it depends on many d9fferent variables.

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Re: Meher Vs. Court Mandated Settlement

Postby Navy9 » Thu Feb 07, 2013 6:59 am

...and they are...




On a second thought, neva mind, i will ask the google genie :lol:

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Re: Meher Vs. Court Mandated Settlement

Postby Hyperactive » Thu Feb 07, 2013 8:12 am

well, though depends the legal system people have, marriages i have seen in courts, it mentioned the mahr. some agree mogadam and mo'akhar. means you give so e of her mahr upfront and there is mo'jal. means if you divorce her. some women are really strangers, example they say, upfront is $5000 but the one later $100000. like signing them make him not divorce you!

so if that was written in the contract, yes she can sue you and you forced to pay.

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Re: Meher Vs. Court Mandated Settlement

Postby Navy9 » Thu Feb 07, 2013 9:15 am

strange or smart, I would say the latter in a heartbeat :lol:


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