Fathwa, - An abused wife may ask for Khul'

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Question
assalamalaikum,im married since 2009 but i left my husband 2011 because of mentally,emotionally and physically abusive husband and i can't take living with his brother on the same house.we are planning to get divorce but we found out that i was pregnant that time so divorce was cancelled but still i live alone on the whole pregnancy and he never give me anything or support me the entire course of pregnancy i went home to gave birth in my home country.after giving birth i came back hir in qatar to work again and he asked me to go back to him but i refused coz i dont like to suffer again what i suffered before to him now we are not living together for almost 3 years now but he still ask me to go back to him but as of now i want divorce but he refused i want to go to court to file khula but i want to know the consequence on doin that coz he told me if i will go to court he will file "bayt al taha"and the court will force me to back to him?i dont like to happen to me please i want your help and guidance on this matter i want to move on and have a peaceful life coz i already suffered a lot from him...thank u...salamalaikum
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.
If your husband harms you by abusing you physically or insulting you or not spending on you or not providing you with a separate accommodation, then you have the right to seek divorce from him through the judge. For more benefit, kindly refer to Fatwa 131953.
If he does not harm you but you hate him and are not able to live with him and fulfill his rights anymore, then you may free yourself from him by Khul’ )i.e. divorce at the request of the wife who pays a compensation(. If he does not agree, then the judge, according to the opinion we adopt here in Islamweb, should force him to do Khul’ and not force you to return to him.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - A forced Khul' is invalid

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I have been married for twenty years and have four childrens 2 girls,2 boys.My husband gave first talak last year did ruzu next day. he gave second talak on 16 feb 2013.since then we are staying seprate and he is not providing money for me and childrens. On 18 march he came in the night and started to force me in front of my children's and said if I don't do as he say then told me to write on a plain paper that I am asking him for khulla. As all my children were frightened and crying I wrote what he said. What is the ruling I dnt want to stay wid him is Talak already done or he has to give a third one. children are left with me if we seprate is he liable for their expenses...we have a house in joint name can I keep the house as he is threatening me to take the house away saying its in hades if I don't want to stay I will not be liable to anything but have to give him what he ask for and he is asking for fifteen lakhs.he already has done two nikahother then me. He alleges I am asking for talak when he has given me two talak by himself. please help me and my childrens in this situation as right in the light of Islamic Ruling.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammadis His slave and Messenger.
First of all, you should know that a Fatwa is not enough for matters of dispute; rather, it is more appropriate in such matters to resort to an Islamic court or to an authority that acts on its behalf, so that the judge hears the claims of both parties. The judge's ruling is then binding on both parties, in contrast to a Fatwa.
We can say in general that if your husband did not take you back after the second divorce and your 'Iddah )waiting period( ended, then you are irrevocably divorced from him and you are entitled to all of the rights of a divorcee, and your husband cannot take you back except through a new marriage contract. But if your husband took you back before the expiry of your waiting period, then you remain as his wife. If you want to separate from him because of him causing harm to you, then you may plea to an Islamic court and clarify the matter to them in order for them to divorce you from him and you will get all that you are entitled to.
If he forced you to ask for Khul’, the Khul’ is invalid unless it took place with the wording of divorce or he intended divorce with the wording of Khul’ )This is under the premise that Khul’ is a form of annulment of the marriage contract and not a divorce(, in which case the divorce is effective, but it is a revocable divorce ]i.e. he can take you back before the expiry of your 'Iddah[.
Ibn Qudaamahsaid: “If a man keeps his wife under undesirable conditions and harms her by beating her and making life difficult for her, or deprives her of such of her rights as financial support, staying overnight with her or the like, in order that she compensates him for her freedom, and she did so, then the Khul’ is invalid, and the compensation is rejected )i.e. unlawful(......And if the compensation is not in his possession, and we consider Khul’ to be divorce, the divorce is effective and he is not entitled to the compensation. If the divorce is performed less than three times, the husband may take his wife back, as it is the compensation that eliminates the opportunity to revoke the divorce; so if there is no compensation, he has the right to take her back. If we, however, consider the Khul' to be an annulment of the marriage contract, and the husband does not intend divorce when performing it, then the divorce does not take effect.” ]End of quote[
On the other hand, if you want to separate from him not because of injury but because of you have an aversion to him, you may ask for Khul’ in return for you renouncing some of your rights. For more benefit on the ruling of Khul’, please refer to Fatwa89039and133315.
Moreover, a father is obliged to support his children as long as they are still young and do not have money; this goes whether the parents are married or separated. For more benefit, please refer to Fataawa 86603and83934.
Finally, if you have partial ownership of the house, your husband is not allowed to take it from you without your consent. The Prophetsaid: "The money of a Muslim is not lawful )for anyone else to take it from him( unless he gives it with his own proper consent."]Ahmad[
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - Her practicing husband turned extremely dissolute

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Asalam-o-laikum My friend married her husband because he was Islamic as she is practicing herself. she has been married for the last 3 years but in-between that time they were seperated for a year )2012(. whilst they were apart he started dealing drugs, Drinking Alcohol and sleeping around. When he took her back, he promised that he would change, but didn't. Then this Sept 2013 she found a girls number on his phone and when she phones that girl, it came to light that he has been having an affair for the last year. she then went to her parents house and as soon as she moved out another girl moved in for 2 months. He has now been in touch with her again said he will change and that she should give him another chance. She has been giving him chance after chance after chance. he has been violent towards her and mentally abused her and also at one point he was drunk and forced himself upon her. Prior to getting married to her, he was a drug dealer and whilst he was in prison he started practicing. so she thought he had reformed. He always says he will never ever divorce he but at the same time will not take her back. She married him because he was practicing. my question is- she married him because he was practicing and now he isn't )Shaved his beard as well( is the marriage still valid? I really need to know this because I am really worried about my friend. she has been told different things.
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.
Your question is somewhat unclear in some places, so it is better that you ask orally a trustworthy scholar or consult an Islamic center in your country. Nonetheless, we will answer your question according to the way we understood it.
From the words of the husband that he will never divorce her, we understand that she is still his wife. If this is the case, then she is still legitimately his wife, and him being dissolute does not take her outside his marriage bond.
As regards his statement that he will not take her back, if he meant that he will not have sexual intercourse with her as a wife, then he is not permitted to leave her hanging, neither divorced nor married. He has to either keep her in kindness or divorce her in kindness.
However, this man should be admonished and reminded of Allaah, called to repent from those evil deeds, and be advised to have good marital relations with his wife. If he repents and accepts advice, then praise to Allaah, otherwise, it is better for his wife to ask him for divorce even in return for compensation that she pays to him. If he does not accept, she should take her matter to one of the Islamic centers. For more benefit, please refer to Fataawa 225223, 94383and 92681.
Finally, we would like to point out to the following matters:
1. It is not permissible for a man to have an intimate relationship with a non-Mahram woman, as this is one of the causes of corruption and a means that leads to immorality )fornication or adultery(.
2. It is not permissible for a wife to leave the marital home without her husband's permission unless she has a legitimate reason. The fact that her husband is having an affair with that girl does not make it permissible for the wife to leave her husband’s home without his permission.
3. It is not permissible for the husband to abuse his wife by beating and humiliating her; this is an injustice especially if the wife is obedient to him. Allaah says )what means(: }But if they obey you ]once more[, seek no means against them. Indeed, Allaah is ever Exalted and Grand.{ ]Quran 4:34[
Allaah Knows best.

- PUBLISHERNajimudeeN M