Fathwa, - The authorities in UK do not accept her Khul' fromher first husband

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Question
assalam-u-alaikum. I married a man in Pakistan in 2006 and because we had no communication for almost a year i applied for khulla from the islamic sharia council in the uk.I never applied for his visa and he never entered the uk. we only ever had a nikah because that is all that is needed in pakistan.i am now married to another man from pakistan and have applied for his visa to enter the uk but it has been declined because they do not accept my divorce. they are saying that i should have a civil divorce which i don't understand because i was never married in the uk. i had an islamic marraige and an islamic divorce. i have appealed to immigration and am looking for some sort of evidence to back what i am saying.unforunately i cant get in contact with islamic sharia council.please could you tell me wether what i have done is right. i need an answer urgently. Jazak Allah
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.
Khul’ does not take place except with the consent of the husband but his presence is not a condition; rather, this can be done by him appointing someone to act on his behalf. Therefore, if this Council ruled that you are separated from him, then we do not know on what basis they ruled this.
Hence, we cannot authoritatively assert whether or not this second marriage is valid because you might have remarried while you are still a wife of the first husband. So, we advise you to contact the Sharee’ah Council so that you would clarify the matter to them and they would issue a Fatwa to you accordingly.
In general, if divorce takes place and it was before the consummation of the marriage, then it becomes permissible for the woman to marry because she does not have to observe a waiting period. As regards the civil divorce, then this is not required under Sharee’ah.
On the other hand, if a woman is not able to bring her husband to the country where she resides, then she should go to him so that she would reside where he resides, especially that residing in a non-Muslim country has many disadvantages especially on their future children. For more benefit, please refer to Fatwa 86405.
Finally, it should be noted that if a Muslim does not know the Sharee’ah ruling concerning what he/she wants to do, then he/she should first of all ask the scholars; Allaah Says )what means(: }So ask the people of the message ]i.e. former scriptures[ if you do not know.{]Quran 16:43[
Allaah Knows best.
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Fathwa, - Her husband asks her for his entire dowry to divorce her

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Q- Asselam weaelykum.I do have a relative who had been married for the past 10 years. She has an 8 years old girl. She had spent for seven years with her family with out nefeqa of here husband while he was leaving abroad. She was leading her life with her daughter by working herself. After his return from abroad, she started leaving with his family because he is jobless. Even at this circumstance, she was covering all expenses that are needed by her, her daughter except food which was covered by his family. During her stay with his family she was not getting good treatment from them. Besides, she gave him a lot of money in different occasions because she has a work. She has a health problem. She has high blood pressure and kidney problem. She has been covering all her medical expenses by herself. Now, she asked a divorce because she is totally devastated from this marriage. He accepted her request but asking his entire dowry i.e. gold back in return. But she is saying I owe him the nefeqa of seven years .How could I return his gold while I have raised his daughter working by myself. He did not do his responsibility to me, her daughter through out the whole marriage. She is saying it has to be taken into account all expenses I have covered needed for me and my daughter that is supposed to be covered by him. And also the money I gave him when he was a need of it. Simply she is saying how could he ask his right with out fulfilling his responsibility? So, what is the ruling of Islam on this case?
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.
We will summarize our answer to you in the following three points:
1- Asking divorce: In principle, it is not permissible for a wife to ask her husband for divorce except if she has a sound reason. We have already issued Fatwa 88408clarifying the cases when it is permissible for a wife to ask for divorce, so please refer to it. If a husband did not spend on his wife, and she did not find any money to take from him to spend on herself and on her children, then she should take her matter to a Muslim judge or whoever acts on his behalf to investigate her case and to order the husband to spend on her or to divorce her from him. Besides, a husband and his wife can be separated if the husband is not able to spend on his wife ]and his children[. This is the opinion of the majority of the juristswith the exception ofImaam Abu Haneefahand his two companions ]Muhammad Ibn Al-HasanandAbu Yoosuf[.
Moreover, if a woman is harmed to a great extent by staying with her husband because of his mistreatment of her, she has the right to ask for divorce because of the harm.
2- The Dowry: The dowry is the right of the wife, and she is not obligated to pay compensation for divorce – whether the dowry or anything else – if the harm is caused by the husband. Also, he is not permitted to take compensation unless she gives it willingly.
3- A husband is obligated to spend on his wife unless the wife is disobedient. He is also obligated to spend on his children from her. If the wife had spent money on herself and her children with the intention of asking her husband to compensate her, then she may do so if she so wishes. However, if she had spent the money as an act of charity, then in this case, she is not allowed to ask him to reimburse her as we clarified in Fatwa 85012.
Finally, we advise you to try and reconcile the couple because settlement is best as Allaah informed us. If it is not possible to reconcile between them, then the matter should be taken to a Muslim judge or whoever may act on his behalf as he is more appropriate to look into the matter and put an end to it.








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Fathwa, - A husband divorcing his wife after giving her Khul'

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Q- Assalam oa alikum 1 - After khula )talaq bain(, If he divorce her again within her iddah, this is not a valid divorce as khula has voided the marriage contract already and she was no longer his wife. is this correct ? 2 - If parents forced their daughter to sign khula papers else she will have rotten relations or even face an explusion from the house of parents and she signed that paper under extreme pressure while she do not intend to ask khula in reality. is this khula valid in Islam? Prophet said "no talaq is valid in ighlaq". Regards M. Sami
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.
Khul’ takes place as one irrevocable divorce as we clarified in Fataawa 88502and 88375. Therefore, if the husband initiated divorce to his wife after it ]Khul’[, this divorce does not take place because there is no relevance here, since this woman is no longer his wife; this is the view of the majority of the scholars.
However,Imaam Maalikis of the view that if Khul’ is followed by uttering divorce without interruption after the utterance of the word Khul’, then divorce takes place )because in this case it indicates that the husband intended two divorces when he uttered Khul’(. This is in regard to your first question.
As regards your second question, the answer is that if the parents threaten to cut ties of kinship with their daughter or drive her out of the house if she does not sign the paper of Khul’, then this is not considered a state of constraining compulsion. So, if this husband initiated Khul’ and the wife gave him compensation, then the Khul’ is valid. In this case, the wife becomes irrevocably divorced from her husband.
If this is not the third divorce, and the two spouses wanted to turn back to marital wedlock, then her husband may take her back but with a new contract. If her guardian refuses to marry her off, she may take her matter to a Muslim judge, or whoever acts on his behalf, so that he will order him to marry her off or that the judge will marry her off himself.







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