QuestionsCategory: Marriage & DivorceTalaq, iddah, pregnancy khula
Naim muhammad asked 5 years ago

Sheiykh As Salamu Alaikum my wife and I are newly weds and have gotten to a very bad place. And we recently met with an imam. At the meeting he asked me what did i want to do with the marriage. I said i dont know let it go. I dont know what i want. My wife said with all the issues and me keep saying talaaq metaphorically she cant be in limbo wants khula. He said i could remain in the home. But she is pregnant and my presence is raising her blood pressure impacting the baby. She asked if i could stay with my parent. He said if she gave the rings back. And she did. My question is in her giving the rigs back are we divorced or separated. And if are we in iddah until january when baby due since that is the length of time he said for maintenance. We also were matried civilly and i read on islamic shariah councils website :”If the couple have participated in a civil marriage, the ISC requires that they are divorced in both Islamic and civil procedures. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element. The Prophet (saws) said in his final sermon during the Hajj:Be careful how you treat women. You have accepted them with the Word of Allah, and you have made lawful sexual relations with them with the Word of Allah.” Is this accurate? For our state in our country says we must separate a yr before we can divorce. Leaving us jan islamic marriage obligation is done upon birth and june of 2018 the civil marriage divorce can be filed. I am unclear on if i am divorced, in iddah, if i need civil marriage ended before islamic marriage or if it doesnt matter as im in Usa. We have a child and 1 unborn.  Jazakallah khyrun