Fathwa, - She took Khul’ without returning the dowry to her husband

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Question
Hi, I have a query that I wonder if you can help me with. My brother had a nikah in 2009 and the marriage was not registered. A year later his wife returned back to her parents house taking all her belongings with her including all the wedding jewellery given to her, prior to this she had told my brother that she had taken the jewellery to a safe deposit box in a bank for safe keeping. Last year my brother received a letter from the Islamic Sharia Council saying that his wife had requested a khula, upon my understanding if the woman has requested a khula then she is required to return all her dowry and items given to her by her husband in order for the khula to be obtained. So after my brother requested for these items back his wife is now claiming that she had left the jewellery at the marital home and did not take it with her, and after many months of dispute the council have decided to dissolve the marriage even though she has not returned the dowry. Is is possible for the council to make this decision given the situation and is there anything my brother can do? Any help will be appreciated. Many thanks, Annekha
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.
If the conditions and pillars of marriage are fulfilled in a marriage, then it is valid and it takes effect even if it is not registered. Registration is but an additional matter in order to preserve the rights and it has nothing to do with the essence of the marriage contract. For more benefit on the conditions of a valid marriage, please refer to Fatwa 83629.
Moreover, it is not permissible for a wife to ask her husband for Khul’ without a sound reason. If such a reason exists, then it is desirable for her husband to accept her request.
Khul’ has its conditions so that it becomes valid among which is that it should be in return for a compensation upon which both parties agree. For more benefit, please refer to Fatwa 122890.
In principle, Khul’ should be with the consent of both parties but sometimes it may not meet this principle like when it is not possible to reconcile between the two parties, in which case, the arbitrators may separate between them according to some details which the scholarsmentioned. Also, the Islamic judge may rule divorce against the will of the husband in some cases.
As regards the authority which you mentioned in the question and which ruled Khul’ as you mentioned, then if it is a reliable Islamic authority, then in principle, it should not rule Khul’ unless it finds what necessitates it and unless it was appointed by the judge to act on his behalf or that it is in a country where there is no judge. So, we advise your brother to consult this authority and investigate its reality.
Allaah Knows best.






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