In this case, the difference isn't because one's a man and one's a woman, rather it's because one is the one being accused, and one is the accuser.
If the accuser is lying when he accuses his wife, then the worst he is guilty of is lying. However, if the accused is lying when she swears against this accusation, she is not only guilty of lying, but it also ...
According to Qur'an divorce requires witness: At-talq:65/2.
A man can start the process of divorce in presence of no one but it should be completed and committed with two witnesses after they fulfilled their term otherwise the divorce is not done and they return to their normal life.
The bride's mother cannot be wali (because wali should me a man; but i do not yet know proofs for that wali should be a man).
Jami` at-Tirmidhi 1101:
The Messenger of Allah said: "There is no marriage except with a Wali."
Jami` at-Tirmidhi 1102:
Aishah narrated that: The Messenger of Allah said: "Whichever woman
married without the permission of ...
Refer to this QA from IslamQA.info as well as this one about evidence for rape in Shariah.
In short, rape may be punished under the following:
The evidence for Zina is 4 witnessesses, a confession or a clear proof (e.g pregnancy).
The evidence for Qisas \ Diyat is two witnesses or an oath with corroborating evidence.
The evidence for Harabah is two ...
Initially, I ought to point out that (in accordance with the viewpoint of Grand Ayatollah Makarem Shirazi (as a Marja' al Taqlid of Shia Islam):
Two parties can perform the concubine or Siqah and there is no
necessary for witness. (and actually there is no difference between
being present or by phone...). But the significant point is that the
In the name of Allah
According to my researches, the attendance of the witnesses is not counted as a Wajib practice for the marriage. (At least it could be based on the view of Shia Maraja')
According to the Fatwa of Ayatollah Khamenei (and perhaps all of Shia maraja') it is not Wajib or mandatory for them to have 2 witnesses for the Aqd (marriage), but ...
Yes, it's acceptable in the shiite school. Presence of a witness is not a requirement, if all other requirement are fulfilled (permission from parents in case of a virgin girl, deciding the mahr, time period in case of Mut'ah etc) then they can pronounce the nikah between themselves without the need of a witness.
That said, there are strict rules regarding ...
While discussing verse 4:15
Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way.
Imam al-Qurtobi commented in his tafsir saying :
ولا بد أن يكون الشهود ذكورا ؛ لقوله : منكم ولا ...
Well I'm answering your Question here based on the following assumption:
Your husband has given you talaq at least 3 times and he wasn't in anger in any of them he is denying it. And you shouldn't have any doubt about any time he gave you talaq!
The shari'a PoV shortly
Usually you should know that scholars will in first place listen to the ...
بسم الله الرحمن الرحیم
First of all I should mention that the boy’s wali (his father) doesn’t seem to be related to that matter as Mrs. Bleeding Fingers said. (as you inquired):
Has divorce taken place or does it require signatures of the boy's
wali i.e. his father?
Meanwhile, you’d better pay attention to some related terms of divorce or Talaq ...
No this is absolutely not true. Marriages in secret are discouraged, and witnesses should be there in order to ensure that the rights of all parties are protected:
The Prophet (saws) said, "A virgin should not be married till she is
asked for her consent; and the matron should not be married till she
is asked whether she agrees to marry or not." It ...
The consensus of the Jumhoor is: Having witnesses is NOT required for divorce, although it's preferred (Mustahab) according to the second verse of Surat At-Talaq
And when they have [nearly] fulfilled their term, either retain them
according to acceptable terms or part with them according to
acceptable terms. And bring to witness two just men from among you ...
This is a very open-ended question. All crimes need to be testified to either by the criminal themselves or by others. Certain sins like zina require four witnesses who witnessed the actual act taking place. Others like divorce and business deals require two. There are some where the testimony of women is inadmissible and others where two women replace one ...
Shi`a and Sunni Muslims differ in the acceptable method of divorce. Wikipedia says Sunni practice requires no witnesses and allows triple-talaq and Shi`a rules do not allow this.
The primary evidence used by the Shi`a are the first two verses of Surat at-Talaq:
O Prophet, when you [Muslims] divorce women, divorce them for [the
commencement of] their waiting ...