Fathwa, - Conditions of the validity of Khul’

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Question
Assalamualailum, I have few doubts in regards to Khula -Talaq-Marriage. My friend married a girl 3 years back. This was against both the parents wish and knowledge. They both dint tell at their homes regarding their marriage and stayed in their respective parents homes. When the parents came to know about their marriage , the girls father asked his daughter to take the khula which was against her wish and also asked the boy to accept it. Neither the girl nor the boy wanted to get divorced. After few months when the boy rejected the khula request, the girls father involved police and forced the boy to take the khula in the police station. During this time , nor even after the khula which was happened, the boy and the girl never stayed together. I've few questions relating to this topic. 1.Is forced khula taken into account?As khula is valid only with the consent of husband and wife.And also khula can only be requested on valid grounds by the wife. 2.According to Behashti Zewar English translation,it states that if khula is requested at one point in time and it was not accepted by the husband and after a time period it was accepeted then that khula is not valid.Is this true ? 3.If neither the husband , nor the wife wanted to take the khula but it was forced by external factors, then is this khula valid or not? 4.Also there was no contact between the husband and wife, not even after their nikah, nor even after the forced khula they were in touch with each other so that they could rejoin or revoke.Is this valid ? Please Advise.
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.
First of all, if this marriage took place without the consent of the Wali )the woman's guardian(, then this is a void marriage because the consent of the Wali is a condition for the validity of the marriage according to the most preponderant opinion of the scholars as we clarified in Fatwa 83629.
Therefore, this girl is not Islamically considered a wife to that man, and the separation in such a marriage can either be by the husband issuing divorce to his wife, or, if he refuses, the judge invalidates his marriage. For more benefit, please refer to Fatwa 92478.
With regard to the questions which you asked about a forced Khul’, then the answer in general will be as follows:
The consent of both spouses is a necessary condition for the validity of Khul’, and if Khul’ takes place under compulsion, the Khul’ is not valid. The compulsion that should be taken into account is the compulsion that makes the person do what he is forced to do, and this kind of compulsion comes from a person who could execute it, while one predominantly thinks that it will be carried out if he does not respond to such a threat; also the person is to be threatened by something by which he will be greatly harmed, like being killed, beaten or imprisoned for a long time...etc.
It should be mentioned here that the wife is not permitted to ask for Khul’ except for a sound Islamic reason, but if she asks for Khul’ without a sound reason and the husband accepted it with his own free will, then Khul’ takes place and it is valid. This is the answer for your first and third questions.
As regards the second question, what you have read is correct, as there should be a continuation ]i.e. no interruption[ between the request of Khul’ and accepting it; as the jurists, when speaking about the wording of Khul’, stated that it is a condition that no irrelevant words should be said between requesting the Khul’ and accepting it.
As regards the fourth question, it is not clear to us. In any case, what we can say is to confirm what we have already mentioned that Khul’ when being forced does not take place. The fact that there was no sexual intercourse does not affect the validity of Khul’ if it had taken place in a valid manner, nor does it affect its invalidity if it was void.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - She took Khul' from her husband after spending all her earnings on him

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Question
I have separted from my husband throgh khoula 3 years before. after 24 years we lived together.we have 2 daughters. within 6 months he got his second marriage and now his second wife delivered a boy. my both daughters married. I am a working lady and i have spent all earning with him and bought 2 houses which is under his name. because of khula i could not claim any maint. fees from him. now he is inviting me to re-union and promising he will look after me. but he refused to give any property on my name. because of his short temperd and making problems always at home and beating when he was angry i got separated him. i feel alone and even now also i am always remembering him. is there any sin for me after divorce and he got second marriage still i am remembering him? now he got a son so my daughters will not get any share from his property if he is not willing to give anything for them
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.
We have previously pointed out that Khul’ is one irrevocable divorce; so please refer to Fatwa 88502. The irrevocably divorced woman )unless she is pregnant( is not entitled to maintenance and her husband cannot take her back except with a new marriage contract because he has become a stranger to her. If the wife remembering her husband after minor irrevocable divorce means her desire to return to him and the like, then there is nothing wrong with that. However, if what is meant is imagining sexual intercourse with him, then this is not permissible. As for returning to him, you should not hasten to do that as long as he used to treat you in that bad manner. If you want that, then consult some wise people in that regard and offer prayer of Istikhaarah )seeking guidance( to your Lord The Almighty and He will choose for you what implies all good, Allaah Willing. For more benefit, kindly refer to Fatwa 81434about how to offer prayer of Istikhaarah.
We would like to draw attention to some matters:
Firstly, if the wife helped her husband in building the house voluntarily, then it is not permissible for her to ask him to reimburse her for what she had spent. But if she spent on building the house as a real partner, then she owns from the house a share in accordance with what she had spent.
Secondly, if what the wife spent on her husband or on herself and her children was a kind of donation and gift, then she has no right to ask him to reimburse her for what she had spent. But if that was a loan, then she can ask him to pay it back to her. It is her word that counts in this regard and she has to take oath.
However, the cases of dispute can be settled through the Islamic courts or the authorities that are specialized in looking into matters of Muslims in the non-Muslim countries such as the Islamic Centers because the matter needs investigation, more information and the like.
Thirdly, the husband should not prefer one of his children to the others with a gift except with a sound reason. All children have right in the property he leaves after his death. It is not permissible to deprive anyone of them from his share; be them males or females. Allaah The Almighty says )what means(: }Allaah instructs you concerning your children: for the male, what is equal to the share of two females.{ ]Quran 4:11[
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - She wants divorce from her abusive psychopathichusband

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Selam aleküm, my story is a bit complicated. I'm just escaped from my violent, psychopathic man from Turkey. I am a German woman who has lived in Alanya for almost 9 years and since October 2005, I am married with this Muslim man. At first everything was quite normal, but he had hit me in the time already 2 times and so much so that there the police had already come. However, I have forgiven him again and believed that it is better. In part, it went well. In December 2006 he came to prison and came out in October 2012. From this time he gets more and more made and made my life to hell and he also takes a lot of drugs and alcohol, he got more and more psychological problems. He has repeatedly dragged me into the Mountains of Alanya, so in total solitude, and wanted to kill me. 2 weeks ago he hit me, hurt with a knife and knocked out two teeth. All this is considered aggravated assault. I was just scared for my life and last Sunday I just run away back to my family in germany, only with my stuff I had on his body. Luckily I had my passport, because he has partly taken from me. Now to my question: How can I get a divorce from this man. We are just married in the muslim way, not from goverment. In his eyes we are still married, I dont wont to make a mistake. He speaks repeatedly of Namuz and I take it very seriously. He says, otherwise he must kill me. Can you speak via email, sms or otherwise the divorce also? He prays nearly never also not Friday ... He drinks alcohol every day, and take many other drugs. He has cheated me with other women. In addition, he also has a “real“ wife, which he married on paper. He can not provide for his wife, with whom he has two children, and for me. But I am working for them. He always talks as if he is acting on behalf of Allah. This man is very, very terrible and because of his drugs he is unfortunately mentally disturbed. Thank you for your help
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 situation is as you mentioned that your husband is committing those grave major sins and ugly actions, then you should not hesitate in separating from him. For more benefit, please refer to Fatwa 131953.
Dear sister, we do not have the authority to issue divorce or invalidate your marriage; it is the Muslim judge who has this authority. Therefore, you should take your case to an Islamic court to issue divorce or invalidate marriage. If there are no Islamic courts, then you should take the case to the scholars in Islamic Centers in your country.
Allaah Knows best.

- PUBLISHERNajimudeeN M