Question
A women has taken Khula from a court in Pakistan. Her hasband was habitual drinker,did not meet day to day the expenses of his wife, beet her several times and has a group of friends who are regular drinkers, theif, dacoit etc. She was at her mothers house for the last 2 years. A proposal came to her by a man and she decided to take divorce and to marry this man. She though had already decided to take Khula but did not have any intentions to remarry. Is this Khula true and valid ? She use to take and dinner with the man who proposed her during all court proceedings, dineout as well and deeply fall in love with him. She kept on taking him on phone during iddat which she observed for a month as per Shafai Fiqha Please answer at your earliest
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.
Before answering your question, we would like to mention that a husband is obliged to spend on his wife according to his circumstances if he is well off or is poor. If he does not spend on his wife the obligatory spending, and she finds his money, she is entitled to take from it what suffices her according to what is permissible. If she does not find any of his money or that he is in financial difficulties, and she spends on herself from her own money with the intention of asking him to reimburse her for that, then this is considered a debt on his shoulder and she is allowed to ask him to pay her back. For more benefit, refer to Fatwa 85012.
If a woman is harmed by staying with her husband because of his dissoluteness – as is the case of an intoxicant addict – or by harming her physically by beating her, or harming her psychologically by insulting her, and so forth, then it becomes lawful for her to ask him for Khul’ or divorce.
You should know that there are some pillars for Khul’ if they are met, the Khul’ is valid. The pillars of Khul’ are the husband, the wife or her guardian or her authorized person, the wife being in a wed-lock with her husband, in addition to the compensation and the wording )of Khul’(. A wife having the intention to marry or not to marry after obtaining Khul’ does not affect the validity of Khul’.
On the other hand, if a man proposes to this woman while she is still a wife of her husband, then he is sinful for spoiling the marital relationship between her and her husband. Both the wife and that man are sinful for establishing an affectionate relationship between them, and the wife is sinful for going out with him and talking to him on the phone. She is also sinful if she had left her husband’s home without a sound reason. Therefore, they are obliged to sincerely repent to Allaah. For information about the conditions of repentance, refer to Fataawa 86527and 87903. Also, please refer to Fatwa 81356on the prohibition of establishing an affectionate relationship outside the bond of marriage.
It should be noted that there is a controversy among the scholarsin regard to the ruling on the marriage of a man with a woman whom he spoiled the relationship between her and her husband. The view of the majority of scholarsis that such marriage is valid, whereas the scholars of the Maaliki School of jurisprudence are of the view that it is not valid. For more benefit, please refer to Fatwa 92056.
Moreover, the waiting period of a woman in Khul’ is like the waiting period of any divorced woman according to the view of the majority of the jurists; among whom are the scholars of the Shaafi’i School.
Therefore, if a woman has menses, her waiting period is three menses; the minimum period of menses according to the Shaafi’i School is one day and one night, and its maximum period according to them is 15 days. The minimum period of purity between two menses is 15 days and there is no limit for its maximum period. So, according to the Shaafi’i School, the three menses can not happen in one month.
Allaah Knows best.
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NajimudeeN M
NajimudeeN M
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