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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NajimudeeN M
Question
asslam o alikum i am married and i took khula from my husband i was not agreed to take it nor he has such wish. my family forced him to give khula. my uncle write that paper and forced him to sign it. now he says i did not left you and i also wants to go back to my husband he didnot spoke those words to me which i dont like to even write he was weeping in doing that now i am at my parents home is it right that i am divorced or not my family was threatening him if you will not do this we will kill you and so many. now people says that i am divorced but he still thinks me his wife and want to take me back.
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.
In principle Khul’ )divorce initiated at the behest of the woman( is not permissible except with the consent of both spouses as it is the woman who gives the money ]compensation[ and it is not permissible to force her to give her money in Khul’ without any sound reason. In addition to this, it is the husband in whose hand is the marriage bond, so it is not permissible to force him to leave his wife without any sound reason. Therefore, this is the principle but this principle might be changed sometimes for a sound reason.
On the other hand, threatening with killing and similar matters by those who are believed to carry out their threat is considered as a coercion that makes divorce or Khul’ not effective as clarified in Fataawa 162993and 154947.
Hence, the above is our answer in general, as regards your case, a mere Fatwa is not enough as there are matters and accompanying circumstances that must be investigated. So, one must ask the scholars orally about the issue.
Allaah Knows best.
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Question
bismillah assalaamu alaikum warahmatuhlahi wabarakatuh! i feel like im being raped when my husband sleeps with me especially after an orgasm. this feeling severely harms me. i have no formal education, live unlawfully in a foreign country and face arrest in my country for unpaid child support. my husband has not managed my affairs that he has control over and often marries other woman. i beg him for divorce and he refuses saying i have nothing which is from how he controls my affairs. i think i will kill myself since he wont divorce me so i can have release and permission to leave his house. i am wishing he would let me go. he mocks me and my feelings all the time. im so stressed i dont know what to do. the years keep passing worse then before with him. advise him please!!!!!!!!!! just because i orgasm does not mean dont divorce. i feel like the trapped starved to death cat the mean lady went to hell for because her cruelty.
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 a wife is harmed by staying with her husband, then she has the right to ask for this harm to be removed off her, and if this harm is not removed, she has the right to ask for divorce. For more benefit on the cases when a wife has the right to ask for divorce, please refer to Fatwa 88408.
If there is a sound reason for her to ask for divorce, and she did so, then her husband should accept her request for divorce ]and divorce her[. If he refuses, she may take her case to the Islamic judge or to an authority that deals with the personal matters of the Muslims, like Islamic Centers so that they would remove the harm off her by divorcing her from him or by getting Khul’ for her.
Nonetheless, a wife should not hasten to ask for divorce or Khul’ before balancing between the benefit of separating from her husband or staying with him because divorce is not always the best solution for her.
We would like to draw your attention to the following matters:
1- It is the right of the wife that her husband should live with her in kindness, and it is not kindness that a husband mocks his wife or harms her with any kind of harm. For more benefit on treating the wife kindly, please refer to Fatwa 86618.
2- It is permissible for a husband to marry more than one wife if he is able to fulfill the condition of being just between his wives. Nonetheless, the wife has the right to ask her husband to be just between her and his other wife and he is obliged to give her her right. However, she has no right to object to the right of her husband to marry more than one wife. For more benefit on polygamy, please refer to Fataawa 81469and 88728.
3- A Muslim woman should be patient upon the trials that she may encounter from her husband or from anyone else, as there is much good in being patient; for more benefit on the excellence of patience, please refer to Fatwa 85445. As regards suicide, it does not solve the problem; rather, it is the quickest way of losing this world and the Hereafter. For more benefit on the seriousness of committing suicide. Allaah Knows best.
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