Question
Does divorce by khula' take place regardless of whether or not the conditions set by the husband are fullfilled? For eg a man asks for the mahr as well as the wife forfeiting her rights to some other money.. the wife gives back the mahr but in her heart she does not give up her right to the money. Does the khula' still take effect? The husband in this case uttered the words of divorce and received the mahr, the wife wanted a khula' but not if it meant giving up her entitlements. Does the wife's intention matter in 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 Muhammad, is His Slave and Messenger.
The example you mentioned clearly indicates that the wife accepted both to return the dowry and to renounce some of her financial rights on the husband as compensation. If this is the case, it is obligatory on the wife to fulfill what they agreed upon and forfeit these rights. There is no consideration for what she intended. For further information about the definition of Khul‘, please refer to Fatwa 89039.
However, if the husband took the dowry and uttered divorce on condition that he would demand her to pay the rest and she did not accept that condition, there would be no consideration for that )condition(. The husband would not be entitled to anything except the compensation he took in return for uttering divorce because nothing would be obligatory on the wife except the things she made obligatory on herself.
In any case, it is better to take matters of dispute to the Sharee‘ah courts or its substitutes such as the Islamic authorities, in case Sharee‘ah courts are not available.
Allaah Knows best.
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NajimudeeN M
Question
Salaams, I am seperated from my husband for 10months, he did not give me my talaaq i left on my own. Things got very ugly between us, my parents were involved he even lifted his hand on my mother. He has made maaf he wants us to try and reconsile but i do not want to go back. He says he want a valid reason that he can understand to why i do not want to go back. eg I can not say because he beat me up, he replies he has changed i should give him another chance to prove himself. I do not have feeling for him anymore, how should i explain it to him in a way he would accept. Please advise me urgently. Jazakallah Salaam
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 Messengear.
Both spouses should have good marital relationship with each other as Allaah ordered in His Book saying )what means(:}And due to them ]i.e. the wives[ is similar to what is expected to them, according to what is reasonable.{]Quran 2:228[
If problems happen, then they should be wise in solving them. Besides, the parents of the wife should endeavour to reconcile between their daughter and her husband and not be part of the problem.
In any case, if what you mentioned is true that your husband beat you, and he has no sound reason for doing so, or that this beating was through aggression only to harm you, then he is wrong. However, you also was wrong by going out of the marital home without the consent of your husband if this going out was without a sound reason, like fearing to be harmed by him and the like. Moreover, it is not permissible for you to ask for divorce without a sound reason as this is prohibited in the Sharee’ah.
On the other hand, if the wife is harmed by her husband by him beating her, for example, then this is a sound reason for her to ask for divorce.
However, we advise you to be patient with your husband especially that he wishes to reconcile with you, and reconciliation is good especially if you have children from him because in general the children are harmed when divorce takes place. Also, it could be that the wife asks her husband to divorce her and once she is divorced, she regrets. Therefore, you should take your time and ask the advice of rational people in your family.
Nonetheless, if you are determined to separate from him, then you may ask him to divorce you. If he accepts and divorces you, then this is what is required, but if he refuses, then you may ask for Khul’. For more benefit, please refer to Fataawa 89039and 84309.
Finally, it should be noted that we are unable to determine how you could convince him, and if you do not want to mention to him the fact of him beating you, then you may say to him that you are unable to live with him anymore.
Allaah Knows best.
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Question
AOA, hope you will be fine and doig well. i have one question. Please advise me on below: my sister live with my parrents after her marriage since 6years with her two kids. Her husband live in abroad and he never ctc with my sister and nor send eny expense to my sister. my parrents are bearing their expenses. Now my sister has apeal with adalat for KHULA. after six months procedure judge has singend for divorce and send the documents to the area's Nazim. Please confirm us that this divorce has been happen or not. Please also note now my sister's husband come back from abroad and he wants my sister back. Please advise us in the light of islam that my sister can go with him or not.???
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 Muslim judge issued the decree of Khul’ based on the religious procedures, then this Khul’ takes place. A judge giving a decree in absentia is permissible according to the view of the majority of the scholars.
Khul’ takes place as one irrevocable divorce according to the preponderant view of the majority of the scholars. So, her husband is not permitted to take her back except with a new contract. For more benefit, please refer to Fatwa 88502.
If this husband has no sound reason for being absent from his wife for this long period of time, in addition to not spending on his wife and children, then he is very wrong because it is not permissible for a husband to be absent from his wife more than six months except with her consent as clarified in Fataawa 84073and 88468.
Also, he is obliged to spend on his wife and children according to reasonable bounds. If the family of the wife had spent on her and her children with the intention of asking her husband to reimburse them, then they are permitted to do so.
Finally, we advise you not to hasten to bring her back to him or refrain from returning her to him unless you know what is more beneficial for her.
Allaah Knows best.
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