Fathwa, - He threatened to give his wife Khul’ if she returnedto her country

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Question
asalam, my question is, me & my wife stayed togetther in saudi for a period of 7 months, very offten we use to quarrel each other becouse of family indifferences, in there family her sister, her aunt are of bad character. i was not allowing her to talk to them.one day my wife decided to leave me alone in saudi & left me alone. infact i tried to keep her with me but she refused to stay with me,atlast i told her to write a khulanama letter and then you can go by the intention of warning. but she did not care for my warning and given khula nama letter,then i also decided to leave her. i told her on the same sitting that, if you leave me and go to india i have given khula to you. after around 20 days she left me and gone to india with out my consent, during these 20 days i did sex with her. now in the above case is it khula accur between me and my wife?
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.
The question is not very clear to us as we did not understand what you meant by the letter of Khul’, but if what happened is that you conditioned the Khul’ of your wife upon her going to India while intending by this to divorce her and you did not mention any compensation, then the answer is that if a husband utters Khul’ without compensation, then it is a metaphor of divorce as stated byIbn Qudaamahin “Al-Mughni” as he said: “If he ]the husband[ utters it ]Khul’[ without compensation and he intended divorce, then it is a revocable divorce as this can be a metaphor of divorce but if he did not intend divorce with it, then it does not lead to anything. This is the view of Imaams Abu Haneefa and Ash-Shaafi’i, because if the Khul’ is an invalidation of the marriage contract, then the husband has no right to invalidate the marriage contract except in case she ]the wife[ has a defect that affects the marriage contract.”
Therefore, if you had intended to initiate divorce if she left )to her home country( without your permission, then divorce takes place if what you conditioned divorce on happens, but if you did not intend divorce with it, then divorce does not take place.
If we presume that divorce took place, then if this is not the third divorce, the divorce is revocable and you can take her back as long as she is in her waiting period. If you had sexual intercourse with her while she is in her waiting period, then this is a valid taking back of a wife after divorce. This is because some scholars are of the view that having sexual intercourse with one’s wife in her waiting period is considered as having taken her back.
In any case, since there is some ambiguity in the question, then it should be mentioned that the answer may not be in conformity with the question, so you should not rely on this answer unless you make sure that this Fatwa exactly applies to your situation.
Also, it should be noted that it is not permissible for a wife to leave her husband’s home without his permission and if she left it without him giving her permission, then she is a disobedient wife.
Indeed, the Sharee’ah clarified the steps to undertake in dealing with a disobedient wife; in this regard.
Allaah Knows best.









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Fathwa, - Harming the wife to coerce her to ransom herself with her dowry

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Question
One of my relatives was forced to marry her paternal cousin four months ago, but as a husband, he did not respect her or her family. From the first days of marriage, he humiliated her in different ways, beat her and told her not to visit her family and relatives. He did not behave but in accordance with the opinion of his mother. The point is that this wife wishes for a divorce, but he demands the entire dowry that he paid, which is 40,000 Riyals, even though he is the one who rebuffed her from him.
Please give us a Fatwa in this respect. May Allaah reward you: Is this dowry really his right?
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.
It is impermissible for a husband to harm or even make things difficult for his wife so as to take back the dowry he has given to her. This is based on what Allaah The Almighty Says )what means(:}And do not make difficulties for them in order to take ]back[ part of what you gave them.{]Quran 4:19[ According to Ibn Al-Munthir"There is consensus among Islamic scholars on the forbiddance of taking back a wife's property unless the arrogance and bad companionship are on her part." He should either keep her in an acceptable manner or release her with kindness.
In conclusion, it is impermissible for the husband to take a ransom from his wife in return for divorcing her unless arrogance and disobedience is on her part, and no harm is caused by him to her, or unless it is she who likes to leave him without arrogance. In these cases, it is lawful for him to take a sum from her in return for a divorce. However, it is preferable that this sum does not exceed the amount of the dowry he had paid her, as instructed by the Prophet, to Thaabit ibn Qays. This is also included in the general significance of the verse )that means(:}or release ]her[ with good treatment.{]Quran 2:229[
Allaah Knows best.







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Hijaab, - Hijaab causes seven Americans to embrace Islam

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The primary cause of his embracing Islam was theHijaabof an American Muslim student, who was proud of her religion and herHijaab. Two more university professors as well as four students then embraced Islam. TheHijaabwas the direct reason behind the Islam of those eight people, who later became callers to this religion.
I will not make a long introduction or keep you in suspense. The following is quoted from an American professor who named himself after the Prophet,sallallaahu ‘alayhi wa sallam. He is called Muhammad.
Narrating his story, Muhammad says: Four years ago, there was tumult at our university; an American Muslim female student joined the university, and she was wearingHijaab. One of her teachers was a fanatic who hated Islam and stood up against anyone who refused to attack it. How was the case then when he found a Muslim who practiced the rituals of Islam in public? He tried to provoke the girl whenever he found an opportunity to criticize Islam.
He waged a fierce war against her. Her calm reaction enraged him further, hence, he shifted to another method to fight her by manipulating her marks, burdening her with difficult researches and straining her by lowering her exam results.
When the poor girl failed to find a way out of this, she submitted a complaint to the college dean asking for an investigation into her case. The administration decision was to hold a session for the two parties: the professor and the girl, in order to hear their points of view and reach a final decision concerning the complaint.
When the session was due, most of the university staff attended and they were very enthusiastic about attending this unprecedented event in the university.
The session started, and the girl said that her teacher hated her religion and that is why he violated her educational rights. She gave many relevant examples. She asked to listen to the opinions of some of her colleagues. Some of them sympathized with her and witnessed in her favor. Differences of religion did not prevent them from giving a positive testimony.
The professor then tried to defend himself. He spoke and indulged in foul insults of her religion. She, therefore, stood up speaking in defense of Islam and giving a lot of information about it. Her address was interesting to those who were attending the session. We would even interrupt her to ask about certain things about Islam and she would answer our questions.
When the concerned professor saw us absorbed in listening and discussing, he left the room. He was vexed at our interest and interaction. He, as well as others who found the matter of no importance, left the place.
The interested attendees remained speaking and discussing things about Islam. In the end, the girl gave each of us two papers entitled, "What does Islam mean to me?" The papers discussed the motives behind her embracing Islam, this great religion. Then she explained the importance and impact ofHijaab. She expressed her strong feelings aboutHijaaband the headscarf that she wore, which had caused such tumult.
She had a great attitude. Because the session ended with no decisions, she said that she was defending her rights and struggling to attain them. She promised to make further efforts, even to pursue the case and defer her studies, unless she obtained a result in her favor.
Her attitude was strong, and the university staff did not expect that the girl would be so steadfast and would adhere to her principles to that extent. We were fascinated by her steadfastness in front of such a number of professors and students. The issue remained the subject of discussion on campus.
For me, I started to experience an internal conflict about changing my religion. Things that I knew about Islam made me love it very much, and aroused my interest to embrace it.
Several months later, I declared my Islam. A second and a third professor embraced Islam the same year. Another four students embraced Islam. Within a short period of time, we became a group and we started to haveDa‘wah)propagation( activities to introduce Islam and call people to embrace it. Now, there are some people who are in the stage of serious thinking. Soon, Allaah willing, news of their embracing Islam would be announced on campus.
All praise is due to Allaah The Almighty alone.








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