I admit that this is the first time I hear that in any Islamic school of thought a separation of man and wife for any length of time could render the marriage void. Your letter, however, made me rush to the highly valuable book entitled Al Umm written by Imam Al-Shaf'ie and in which he discusses all aspects of Islamic Law, whether it pertains to faith, worship or family matters as well as other transactions within the Muslim community. It may come as a surprise to that woman that no such ruling as she has claimed is entered by Imam Al-Shaf'ie. How could it be when it has no basis whatsoever in the Qur'an or the Sunnah? What I can tell this woman is that she is still married to her husband despite the fact of their separation, and this is according to the Shaf'ie school of thought as well as all other Islamic schools of thought.

It is true that she may have claimed her dower through a court of law. The court will definitely rule in her favor because a Muslim's wife is entitled to receive a dower at the moment the marriage contract is made. If it is not paid, then it remains a debt which is owed to her by her husband. She can claim it at any time. When she does, he cannot refuse to pay it.

Again, a judgment which forces the husband to pay maintenance for his child is perfectly in order. He is responsible for the upbringing of the child, even though his wife may be working and may receive a higher salary than his own. It is indeed his responsibility to look after the child. Even though a divorce may take place, the upbringing of the child remains his responsibility and he will have to pay maintenance money for the child as long as the child is with her mother. In normal situations, a girl may stay with her divorced mother until she is nine, when the father may claim her custody.

You ask whether it is necessary for the man to divorce his wife. In the circumstances, it seems the proper solution. What is the point in keeping such a marriage going when matters have been so aggravated as to make the woman apply for judgment against her husband? You mentioned the lawyer's advice to the man against divorce in order to escape the burden of maintenance. This is an intricate problem in the particular case of India. In Islam, a man is required to maintain his divorcee, during her waiting period, which normally extends to approximately three months, unless the woman is pregnant at the time of divorce when her waiting period lasts until her delivery. This does not seem to apply in this case. During her waiting period, a divorcee stays in her husband's home although they must sleep in separate bedrooms and she is not required to do any house work. It may be that the lawyer has given his advice on the basis of the famous ruling which an Indian court passed, requiring a Muslim husband to maintain his divorcee, who was very old, as long as she lived. There was an outcry among the Muslim community in India against this ruling. I am not sure what the exact legal position is now in India in such cases, but Islam does not require a man to support a woman who is no longer his wife. In the Islamic family system, the woman should be supported by her own people, i.e. her father or her brothers, or uncles, etc. The point is that marriage is a legal contract. When it is broken, then all rights that have been established by such a contract come to an end. Maintenance is one such right.

Your question is whether it is necessary that the couple should get divorced. The answer is that they know better. I cannot tell them whether it is necessary or not. However, in such cases, the Islamic view is that if the man and the woman want an amicable solution to their problem, then two arbiters, one from her family and one from his family, should meet to discuss matters. If an agreement is reached, well and good. If, on the other hand, they find that a proper accommodation is difficult or impossible then the two parties may agree on the proper procedure for divorce. If this is agreed, then the man may divorce his wife and give her all her dues. If she still has any dower outstanding, it is payable. She is also entitled to maintenance during her waiting period, as I have already explained. After that, she is not entitled to any maintenance. Her own family should support her. Since she is working in a bank, she is presumably able to earn her own living. However, maintenance is payable to the child as long as she needs to be supported. Perhaps all these matters including maintenance of the wife during her waiting period, payment of outstanding dower, if any, and maintenance and custody of the daughter should be sorted out by the two arbiters or by the man and his wife themselves. They may wish to put it down in a legal document, duly witnessed, which outlines their agreement in order to prevent any subsequent animosity or distress.

You ask about the expenses of the marriage of the daughter, and whether the father is liable to pay these. This seems to be a question which anticipates events that will not take place for many years. Any way, the girl is the man's daughter and he is responsible for her upbringing in the same way as every father is responsible for the upbringing of his daughter. Whatever expenses are incurred in connection with her living, education, marriage and illness are borne by her father. This is his responsibility from the Islamic point of view. How things develop in future is something which no one can predict. It seems to me, however, that this father does not want to know anything about his daughter or her mother. If he is going to leave the upbringing of his daughter to her mother, he does not only relinquish his responsibility but he relinquishes his right. In Islam, rights are always related to duties. When someone does not fulfill an incumbent duty, he forfeits the right to which he may be entitled as a result of fulfilling his responsibility. It may be agreeable to both himself and his wife that their daughter should continue to live with her mother, permanently. If they enter that into the agreement, they are free to do so. However, this does not relieve the father from his duty to support his daughter.

Your last point is whether a country can enforce on Muslims a law different from that of Islam. The answer is that the government in power can enforce any law. Most countries, however, do not like to have problems with their people or with minorities. Therefore, they try to take the beliefs of minorities into account and provide for the implementation of the family law of religious communities. But sometimes, a person may apply to the civil authorities to arbitrate in his or her particular dispute according to the civil law of the country, rather than the religious law of his or her community. When this takes place, the authorities will grant the request of the applicant and judge that dispute in accordance with the provisions of the civil law. Therefore, if this man's wife has found out that the civil law will give her more than that to which she is entitled under Islam, she may resort to the law in order to get that. However, that does not make what she gets through the law lawful to her.

May I first of all clarify a small point about the Prophet's night journey [Shab-e-Mairaaj]. This took place, as far as can be determined, on the night of the 27th Rajab in the 10th year of the start of Islamic revelation; that is, three years before the start of the Islamic calendar. That night, the Prophet was taken by the chief of angels, Gabriel, from Makkah to Jerusalem, where he met earlier prophets and they joined him in a prayer, which he led. He was then raised to heaven and returned to Makkah before the break of day.

Although this was an important event for the Prophet, as it came shortly after the death of his wife and his uncle, the two people who provided him with comfort and support when he faced the determined opposition by his people to his call. Nevertheless, we do not mark the night with any social type of worship because this has not been ordered or recommended by the Prophet. As you realize, in our worship, we must strictly follow the Prophet's teachings. He was the most dedicated and devoted servant of Allah. If he did not do a particular thing as part of his worship, we do not do it. We only follow his footsteps.

It is true that different countries start Ramadhan on different dates, with a difference of one day in most cases and extending to two days in certain instances. The fact is that there should be no more than one day difference in starting any lunar month.

As for the night of power, Allah mentions in the Qur'an that it is better than 1000 months. The Prophet has encouraged us to mark it with devotion, recitation of the Qur'an, prayer, supplication and glorification of Allah. Every prayer addressed to Allah on that night is answered. Therefore, Muslims are keen to observe this night every year, with as much devotion as possible. The Prophet, however, has not given us a specific date for it, but told us to seek it on the odd nights of the last third of the month of Ramadhan. This means that it could be the 21st, 23rd, 25th, 27th or 29th night of Ramadhan. This applies regardless of the differences in starting the month of Ramadhan. Every country counts according to its own start of the month. If it was only one night for the whole world, then it would be an odd night of the month in one country and an even night in another. This will be contrary to what the Prophet has told us.

It may be asked, then, whether there can be two nights of power. The answer is that for every Muslim there is one night of power every year, which happens to be on one of the odd nights of the month of Ramadhan. He counts on the basis of his country's calendar. This is the appropriate criterion to apply, since mistakes in starting the month can be made. Take for example the case when the moon cannot be sighted because of an overcast sky, yet the moon has been born. In this case, the Muslims of that area are required to complete the month of Sha'ban, which precedes Ramadhan, to 30 days and start Ramadhan on the following day. Had the sky been clear, they would have started a day earlier. But the night of power falls, as far as they are concerned on the odd nights according to their start of the month, even though they may realize their mistake at the end and maybe required to fast in compensation later. In such a matter we should not forget that we are dealing with Allah. He rewards us according to our intentions.