Fathwa, - Claims that his wife's Khul' was declared without his knowledge

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Question
Dear Sir, My American Muslim wife sent an email to the Center for Islamic Counseling and guidance in Atlanta USA asking for Khula divorce. They wrote in the Khula Divorce Certificate ))We received a phone call then an email from Deborah A. Middleton requesting khula from her husband Dr. Hesham Regab((. 1.Can any a wife get Khula divorce through an email and telephone call? )) We sent him a letter on November 13th, 2008 to inform him of the process and allowed him 2 months to perhaps reconcile the differences within the marriage, but it failed.(( They sent a letter at 13th November 2008 giving me 2 months to divorce my wife!!. I never received this letter at all. I am living in Germany .I got an email in April 2009 with a Khula Certificate with a date 15th January 2009. She disappeared at September 2008 and I did not have her address and I do not have it till now to discuss with her the differences ))We have asked him to fear Allah and honor the request of his wife in granting her a khula, but he has rejected our efforts and refused to respond to our letter((. They said that they sent one letter only from US to Germany which I did not receive it at all and they do not have any evidence that I received their letter. ))Therefore, we the panel of Imams at the Center for Islamic Counseling and Guidance have no choice but to grant Deborah Middleton her request. So we hereby grant the khula divorce effective this day((. 2.Is it possible to get Khula divorce without the knowledge of the husband and in his absence? 3.Is it possible to get Khula without talking with the husband about getting his Mahr back? The Islamic center did not inform me, they gave her Khula divorce in my absence and without my knowledge although my Private Address and my office Address well known. I did not get my Mahr back from her. I sent to my wife whichis living now in Saudi arabia asking her to visit an Islamic scholar or to the court in Riyadh to ask their opinion but she refused
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 Muhammadis His slave and Messenger.
It is permissible for a wife to ask her husband for Khul’ or divorce through an e-mail or phone if she has a sound reason for doing so, but she is not permitted to ask for Khul’ or divorce without a sound reason.Thawbaannarrated that the Prophetsaid: “Any woman who asks her husband to divorce her, without a religiously accepted reason, the smell of Paradise is forbidden for her.”]Abu Daawood, At-Tirmithi and Ibn Maajah[ Moreover,Thawbaannarrated that the Prophetsaid: "The wives who ask their husbands for Khul’ )without valid grounds( are the hypocrites." ]At-Tirmithi[
As regards the ruling on Khul’ in the absence of the husband, then the juristsdiffered in opinion about the permissibility of issuing a ruling on an absent person. The majority of the juristsare of the view that it is permissible whereas the Hanafi School prohibited it. In addition to this, the husband should give his consent for Khul’, and the preponderant opinion of the scholarsis that Khul’ is not valid without compensation.
To conclude, the ruling of the authority which you mentioned in the question on initiating Khul’ is not valid if what you mentioned in the question is accurate. Therefore, we advise you to consult this authority which issued the Khul’ so that they would reconsider the matter.
Allaah Knows best.









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