Fathwa, - His wife enforced Khul' without his consent

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Question
ASAK, My friend was very good person, Whenever his wife does any wrong also he use to advice her not to do like this )fear from ALLAH( but still she was doing wrongs things like that telling lies, backbiting etc., she used to obey her mother families only, but she didn’t care her husband & his family. After somedays she started fighting to go separate but my friend told it is not possible. So she went to her mother house she did not came since from 1½ year afterward she sended the bond paper like khula nama signing on the bond. Whether this relationship is valid or not…….? Without permission of husband she did like this, what if she marry another person. Whether 1st marriage will vailid or not. What can my friend marriage to another girl or should take permission from his 1st wife …………………?
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, is His slave and Messenger.
Khul’ has some pillars without which it is invalid, among which is the consent of both parties – i.e. the husband and the wife – with the exception of some cases like the Khul’ issued by the arbitrators as stated by the jurists.
Therefore, if this document denotes that this woman has divorced her husband, then divorce is in the hands of the husband as clarified in Fatwa 86780; this is the principle, and the wife is not entitled to issue divorce unless the husband had given her permission to divorce herself from him; there are certain conditions for this.
Since we neither know the content of this document nor the authority who issued it, then we cannot authoritatively assert whether or not the marriage bond is still valid. But in principle, it is still valid as it is known.
Therefore, we advise you to consult the trustworthy Islamic organizations such as the Islamic Centers and the like. For more benefit on the rulings on Khul’, please refer to Fatwa 89039.
If that woman is still the wife of that husband, then it is not permissible for her to marry another man; if she does so, it will be a void marriage. Among the impediments of marriage is that the woman is still the wife of her husband; as Allaah Says about the women whom one is prohibited from marrying )what means(: }And ]also prohibited to you are all[ married women.{]Quran 4:24[
Hence, the first marriage remains in its original state which is validity as we have already discussed.
On the other hand, if the husband is able to be just )between two wives(, then it is permissible for him to marry a second wife and he is not obliged to seek the permission of his first wife as we have already clarified in Fataawa 85948and 84411.
Finally, we would like to point out to the two following matters:
1- The wife is obliged to obey her husband in what is permissible.
2- It is not permissible for the wife to go out of her husband’s home without his permission otherwise she is Naashiz )recalcitrant(. For more benefit on how to treat a recalcitrant wife.
Allaah Knows best.

- PUBLISHERNajimudeeN M