Assalamualailum, I have few doubts in regards to Khula
-Talaq-Marriage. My friend married a girl 3years back. This was
against both the parents wish and knowledge. They both dint tell at
their homes regarding their marriage and stayed in their respective
parents homes. When theparents came to know about their marriage , the
girls father asked his daughter to take the khula which was against
her wish and also asked the boy to accept it. Neither the girl nor the
boy wanted to get divorced. After few months when the boy rejected the
khula request, the girls father involved police and forced the boy to
take the khula in the police station. During this time , nor even
after the khula which was happened, the boy and the girl never stayed
together. I've few questions relating to this topic. 1.Is forced khula
taken into account?As khula is valid only with the consent of husband
and wife.And also khula can only be requested on valid grounds by the
wife. 2.According to Behashti Zewar English translation,it states that
ifkhula is requested at onepoint in time and it was not accepted by
the husband and after a timeperiod it was accepeted then that khula is
not valid.Is this true ? 3.If neither the husband , northe wife wanted
to take the khula but it was forced by external factors, then is this
khula valid or not? 4.Also there was no contact between the husband
and wife, not even after their nikah, nor even after the forced khula
they were in touch with each other so that they could rejoin or
revoke.Is this valid ? Please Advise.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
First of all, if this marriage took place without the consent of the
Wali (the woman's guardian), then this is a void marriage because the
consent of the Wali is a condition for the validity of the marriage
according to the most preponderant opinion of the scholars as we
clarified in Fatwa 83629 .
Therefore, this girl is not Islamically considered a wife to that man,
and theseparation in such a marriage can either be by the husband
issuing divorce to his wife, or, if he refuses, the judge invalidates
his marriage. For more benefit, please refer to Fatwa 92478 .
With regard to the questions which you asked about a forced Khul',
then the answer in general will be as follows:
The consent of both spouses is a necessary condition for the validity
of Khul', and if Khul' takes place under compulsion, the Khul' is not
valid. The compulsionthat should be taken intoaccount is the
compulsion that makes the person do what he is forced to do, and this
kind of compulsion comes from a person who could execute it, while one
predominantlythinks that it will be carried out if he does notrespond
to such a threat; also the person is to be threatened by somethingby
which he will be greatly harmed, like being killed, beaten or
imprisoned for a long time...etc.
It should be mentioned here that the wife is not permitted to ask for
Khul'except for a sound Islamic reason, but if she asks for Khul'
without a sound reason and the husband accepted it withhis own free
will, then Khul' takes place and it is valid. This is the answer for
your first and third questions.
As regards the second question, what you have read is correct, as
there should be a continuation [i.e. no interruption] between the
request of Khul' and accepting it; as the jurists, when speaking about
the wording of Khul', stated that it is a condition that no irrelevant
words should be said between requesting the Khul' and accepting it.
As regards the fourth question, it is not clear tous. In any case,
what we can say is to confirm what we have already mentioned that
Khul' when being forced does not take place. The fact that there was
no sexual intercourse does not affect the validity of Khul'if it had
taken place in a valid manner, nor does it affect its invalidity if it
was void.
Allaah Knows best.
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